IN THE CASE OF:
BOARD DATE: 29 July 2008
DOCKET NUMBER: AR20080005316
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant, the son of the deceased former service member (FSM), requests correction of the FSMs military records to show that he was twice awarded the Purple Heart for wounds received during World War I.
2. The applicant states that he believes the records are incorrect due to a clerical error.
3. The applicant provides copies of the FSMs Honorable Discharge from the United States Army-Enlistment Record (Form Number 525, AGO), Western Union Telegram, FSMs Certificate of Death, applicants Certificate of Birth, and congressional correspondence.
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 FSMs Form 525 AGO shows:
a. that he entered the United States Army on 24 April 1917 at Jackson, Mississippi;
b. that he was appointed to the rank of corporal on 27 July 1917;
c. that he deployed to the European Theater of Operations on
30 October 1917 and participated in four campaign periods;
d. that he was gassed by the enemy on 2 May 1918;
e. that he received a gun shot wound in service [action] to his forehead on 5 October 1918;
f. that he was promoted to sergeant on 3 January 1919;
g. that he was awarded the World War I Victory Medal with four bronze battle clasps, Army of Occupation Medal, and the Croix de Guerre Fourragere;
h. that he returned to the United States on 4 September 1919; and
i. that he was honorably discharged on 26 September 1919.
3. 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 a medical officer, and the medical treatment must have been made a matter of official record. Subsequent awards of the Purple Heart are denoted by an Oak Leaf Cluster.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows that the FSM was wounded in action and was gassed by the enemy. These wounds are clearly entered on the FSMs Enlistment Record. Therefore, his Form 525 AGO should be corrected to show that he was awarded a Purple Heart for each of these wounds.
BOARD VOTE:
___X____ ___X____ ___X___ 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 preparing an appropriate document to show award of the Purple Heart (1st Oak Leaf Cluster) and providing the applicant a copy of the correction document.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ABCMR Record of Proceedings (cont) AR20080005316
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