IN THE CASE OF:
BOARD DATE: 21 MAY 2009
DOCKET NUMBER: AR20090008092
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 a deceased former service member (FSM), requests correction of his late father's official military personnel record 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 injuries received in World War I (WWI).
3. The applicant provides a copy of the FSMs discharge record in support of his application.
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 for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in the available record to conduct a fair and impartial review of this case.
3. The FSM enlisted in the United States Army on 2 October 1917.
4. The applicant's discharge record shows that he was assigned to the American Expeditionary Force France from 14 March 1918 through 14 November 1918 and while assigned participated in the Battle of Chateau-Thierry from 20 July 1918 to 4 August 1918.
5. On 31 January 1919, the FSM was honorably discharged from active duty because of a disability after completing a total of 1 year, 3 months, and 29 days of active military service.
6. The FSMs discharge record shows that he received a gunshot wound to his left hand.
7. The FSM's available record contains a War Department Form Number 370 which shows that he suffered gunshot wounds to the index, middle, ring, and little fingers in action during the Battle of Chateau-Thierry, France, in August 1918.
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 medical personnel, and the medical treatment must have been made a matter of official record.
9. The Purple Heart was established by General George Washington at Newburgh, NY, on 7 August 1782 during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders 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 a wound as a result of hostile action.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his late father is entitled to award of the Purple Heart for injuries he sustained while he was in the European theater of operations during WWI was carefully considered and found to have merit.
2. There is evidence in the available record which shows that he received shotgun wounds to his left hand during the Battle of Chateau-Thierry in August 1918. Therefore, his records should be corrected to show award of the Purple Heart.
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 awarding him the Purple Heart for wounds received in action in August 1918.
_________XXX________________
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) AR20090001730
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008092
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100012141
The records available to the Board were provided by the applicant. Therefore, based on the evidence provided, the FSM is entitled to award of the Purple Heart for wounds sustained on 11 June 1918. 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 received in action on 11 June 1918; and b. correcting his records to show award of the World War I Victory Medal with the France...
ARMY | BCMR | CY2003 | 2003085617C070212
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. Barbara J. EllisMember The applicant and counsel if any, did not appear before the Board. The applicant states that the FSM was never awarded a PH for his injuries during his service in World War I and that even though this request is over 84 years in the making, the FSM is deserving of the honor of being...
ARMY | BCMR | CY2014 | 20140011288
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 | CY2007 | 20070009137
During his military service, he served in the American Expeditionary Force during World War I (WWI) and that he received a gunshot wound to the middle of his right thigh as a result of enemy action on 8 October 1918. The FSM's records contain sufficient evidence showing that the he was wounded as a result of hostile action, was treated by military medical personnel, and the medical treatment was made a matter of official records. As a result, the Board recommends that all Department of the...
ARMY | BCMR | CY2014 | 20140017910
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 | CY2014 | 20140017913
Records show the FSM served in the France during World War I. Therefore, the FSM's records should be corrected to show award of the France service clasp to be affixed to his previously awarded World War I Victory Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by posthumously awarding the FSM the Purple Heart for wounds sustained in Soissons, France on 18 July 1918 and the France service clasp to be affixed to his...
ARMY | BCMR | CY2011 | 20110024294
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 | CY2009 | 20090011270
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....
ARMY | BCMR | CY2003 | 2003086152C070212
The applicant requests, in effect, that the records of his late father, a former service member (FSM), be corrected to reflect award of the Purple Heart as a result of wounds received in combat during World War I. (Honorable Discharge from the United States Army and Enlistment Record), dated 12 January 1919; and a Letter to the FSM from the United States Veterans Bureau, dated 28 October 1930. The FSM's Enlistment Record shows that he was wounded during his service in World War I.
ARMY | BCMR | CY2011 | 20110019542
The applicant requests his deceased father, a former service member (FSM), be awarded the Purple Heart. Records show the FSM was wounded in action on 8 October 1918. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Awarding the FSM the Purple Heart for wounds received in action in World War I on 8 October 1918 * Adding an entry to his records to show the Purple Heart and World War I Victory Medal with Silver...