Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070011522
Original file (20070011522.TXT) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 January 2008
	DOCKET NUMBER:  AR20070011522 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Ms. Shirley L. Powell

Chairperson

Mr. Paul M. Smith

Member

Mr. Larry C. Bergquist

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 requests that her deceased father, a former service member (FSM), be awarded the Purple Heart.

2.  The applicant states that the FSM was wounded in action on 26 September 1918 and that he never received a wound stripe or a medal.

3.  The applicant provides in support of her application, a copy of the FSM's Honorable Discharge from the United States Army (AGO Form Number 525); a copy of his Enlistment Record; a copy of his Final Pay Voucher; a copy of a pay record; a copy of his Certificate of Death; a copy of her Notification of Birth Registration; a copy of her Birth Certificate; and copies of hospital notes pertaining to the FSM's wounds. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's military records are not available to the Board.  This case is being considered using records, which primarily consist of documents submitted by the applicant.

3.  The available records indicate that the FSM was inducted into the Army on 27 May 1918 in Philadelphia, Pennsylvania.  He was transferred to France on 9 July 1918 and he was assigned to Company C, 315th Infantry.

4.  While in France, the FSM participated in the Meuse-Argonne Campaign.  His Enlistment Record shows under “Wounds received in service” the entry “fracture to the base of the skull.”

5.  A Form 52 (Register, Medical Department of the U.S. Army) submitted by the applicant indicates that on 26 September 1918, the FSM suffered a gunshot wound to the right side of his head in the occipital region.  A second Form 52 indicates that he suffered a gunshot wound to his scalp and left shoulder on 26 September 1918.  A third Form 52 indicates that he suffered a gunshot wound to the left occipital region with a compound comminuted fracture of the left occipital bone, which was incurred in action at Verdun, France, on 26 September 1918.  All three Forms 52 indicate that his wounds were incurred in the line of duty.

6.  The FSM returned to the Continental United States on 3 January 1919 and he was honorably discharged from the Army on 8 February 1919.

7.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded, in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services, after 5 April 1917, died or sustained wounds as a result of hostile action.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by military medical personnel, and the medical treatment must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  Based on the available evidence of record, the FSM is entitled to the award of the Purple Heart.  

2.  The available evidence indicates that he was wounded in action while he was engaged in the Meuse-Argonne Campaign, in Verdun, on 26 September 1918.  He was hospitalized as a result of his wounds as indicated by the Forms 52 submitted by the applicant and his wounds were incurred in the line of duty.

3.  The FSM's wounds were incurred as a result of hostile action by enemy forces and therefore, he is entitled to award of the Purple Heart.

4.  In view of the foregoing, it would now be in the interest of justice to correct the FSM's records as recommended below.

BOARD VOTE:

__LCB__  __PMS__  __SLP ___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  awarding the FSM the Purple Heart for wounds that he received in action at Verdun, France, on 26 September 1918; and

b.  providing the applicant an appropriate document to reflect the issuance of the Purple Heart.




___    Shirley L. Powell___
          CHAIRPERSON



INDEX

CASE ID
AR20070011522
SUFFIX

RECON

DATE BOARDED
20080129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  46
107.0000/AWARDS AND DECORATIONS
2.  61
107.0015/PURPLE HEART
3.

4.

5.

6.


Similar Decisions

  • ARMY | BCMR | CY2011 | 20110024294

    Original file (20110024294.txt) Auto-classification: Approved

    The applicant provides copies of: * FSM's 14 November 1918 letter * FSM's Enlistment Record * FSM's Form Number 525 (Honorable Discharge Certificate) * Extract from "Otter Tail County Minnesota in the Word War" * her 21 October 2011 letter clarifying the FSM's first name * Army Review Boards Agency 8 November 2011 letter * Notarized copies of her birth registration and marriage certificate * Family Group Sheet * confirmation note from The Bible * documents concerning the FSM's funeral...

  • ARMY | BCMR | CY2014 | 20140011288

    Original file (20140011288.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant states her father should receive the Purple Heart for gunshot wounds he received to his right shoulder during his service in France during WWI, per a field medical record card. A Form 52 (provided by the applicant that corroborates the Enlistment Record) shows a wound received in the line of duty in block 15 (Complication, Seq, etc.

  • ARMY | BCMR | CY2005 | 20050003134C070206

    Original file (20050003134C070206.doc) Auto-classification: Approved

    However, based on the foregoing, there is conclusive evidence to show that the FSM was wounded as a result of hostile action during World War I. Therefore, the FSM's service records should be corrected to show these awards. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing award of the Purple Heart for wounds received on 27 September 1918, a Silver World War I Victory Button, and a World War I Victory Medal with...

  • ARMY | BCMR | CY2002 | 2002077265C070215

    Original file (2002077265C070215.rtf) Auto-classification: Approved

    The applicant requests that her late father, the former service member (FSM), be awarded the Purple Heart for combat wounds received during World War I. The applicant states that the FSM was wounded on 2 November 1918, in Argonne, France. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds sustained in action in France on 2 November 1918, the World War I Victory Medal with...

  • ARMY | BCMR | CY2004 | 20040005370C070208

    Original file (20040005370C070208.doc) Auto-classification: Approved

    Records show that the FSM was wounded during his service in World War I. The FSM's Enlistment Record shows that he sustained wounds on 5 October 1918 as a result of hostile action during his service in World War I and was discharged with a service-connected disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the FSM was posthumously awarded the Purple Heart for wounds sustained during World War I.

  • ARMY | BCMR | CY2011 | 20110020076

    Original file (20110020076.txt) Auto-classification: Approved

    The applicant requests that the military records of her father, a former service member (FSM), be corrected to show he was awarded the Purple Heart as a result of being wounded during World War I. The World War I Victory Medal (originally known as the Victory Medal), established by War Department General Order 48, 1919, is awarded for service between 6 April 1917 and 11 November 1918. As a result, the Board recommends that all Department of the Army records of the individual concerned be...

  • ARMY | BCMR | CY2012 | 20120002036

    Original file (20120002036.txt) Auto-classification: Approved

    The applicant requests correction of the military records of his father, a former service member (FSM), to show he was awarded the Purple Heart as a result of being wounded during World War I. The FSM's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM the Purple Heart for wounds received in action in July 1918; b. correcting the...

  • ARMY | BCMR | CY2014 | 20140017910

    Original file (20140017910.txt) Auto-classification: Approved

    The FSM's complete military records are not available to the Board for review. It was awarded in the name of the President of the United States to any member of the Armed Forces who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the FSM was...

  • ARMY | BCMR | CY2008 | 20080010317

    Original file (20080010317.txt) Auto-classification: Approved

    The applicant requests that the military records of her father, a former service member (FSM), be corrected to show he was awarded the Purple Heart as a result of being gassed during World War I. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained as a result of hostile action after 5 April 1917. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding the FSM the...

  • ARMY | BCMR | CY2009 | 20090011270

    Original file (20090011270.txt) Auto-classification: Approved

    The applicant requests, in effect, that the records of her deceased father, a former service member (FSM), be corrected to show he earned the following awards as a result of his service during World War I (WWI): a. Purple Heart b. WWI Victory Medal with four service stars c. WWI Victory Button (silver) d. Army Service Clasp for service in France e. Army Battle/Campaign Clasp f. Army of Occupation of Germany Medal 2. However, the available documents verify only his participation in the St....