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 applicants 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 applicants 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.
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