RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 February 2007
DOCKET NUMBER: AR20060012119
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Gerard W. Schwartz | |Director |
| |Ms. Loretta D. Gulley | |Analyst |
The following members, a quorum, were present:
| |Mr. Ted S. Kanamine | |Chairperson |
| |Mr. Larry C. Bergguist | |Member |
| |Ms. LaVerne M. Douglas | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, the daughter of a deceased former service member (FSM),
requests correction of her late father's NA Form 13038 (Certificate of
Military Service) to show award of the Purple Heart.
2. The applicant states, in effect, that the FSM was entitled to award of
the Purple Heart for wounds he received during World War I.
3. The applicant provides newspaper articles and a notarized letter
written by the applicant’s sister in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 29 April 1918. The application submitted in this case is
dated
14 August 2006.
2. The FSM's military records are not available for review. A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973. It is believed that the FSM’s records
were lost or destroyed in that fire. However, there were sufficient
documents remaining in a reconstructed record to conduct a fair and
impartial review of this case.
3. The FSM entered the Army of the United States on 29 April 1918.
4. On 3 June 1919, the FSM was honorably discharged from active duty after
completing a total of 1 year, 1 month, and 4 days of active military
service.
5. There is no evidence in the available records which show that the
applicant sustained injuries as a result of hostile action or that he was
treated for wounds sustained as a result of hostile action.
6. The newspaper article submitted by the applicant does not provide an
eyewitness account of the applicant being wounded in action as a result of
hostile action.
7. The notarized letter submitted by the applicant does not provide an
eyewitness account of the applicant being wounded in action as a result of
hostile action.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards. Paragraph 2-8 contains the
regulatory guidance pertaining to awarding the PH. It states, in pertinent
part, that the PH is awarded to any member who has been wounded or killed
in action. A wound is an injury to any part of the body from an outside
force or agent sustained under conditions defined by this regulation. In
order to support awarding a member the PH, it is necessary to establish
that the wound, for which the award is being made, required treatment by a
medical officer. This treatment must be supported by records of medical
treatment for the wound or injury received in action, and must have been
made a matter of official record. This regulation also states that there
are no time limitations on requests for award of the Purple Heart.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the FSM is entitled to award of the Purple
Heart for injuries he sustained while he was in the European Theater of
Operations during WWI.
2. There are no general orders that show the FSM was awarded the Purple
Heart. There is no evidence in the reconstructed records which shows that
he was wounded or injured as a result of hostile action or treated for such
wounds. The statements submitted do not provide eyewitness account of the
applicant being wounded as a result of hostile action. In the absence of
such evidence, there is insufficient basis to grant award of the Purple
Heart in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___TSK__ ___LCB_ __LMD __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
_Ted S. Kanamine________________
CHAIRPERSON
INDEX
|CASE ID |AR |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |2007/02/27 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Schwartz |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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