BOARD DATE: March 9, 2010
DOCKET NUMBER: AR20090014282
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 grandson of a former service member (FSM), requests that the FSM be awarded the Purple Heart.
2. The applicant states, in effect, that the FSM was killed in action on
6 November 1918 in France during World War I.
3. The applicant provides the FSM's registration card; a newspaper article; a photograph of the FSM's grave marker in France; his birth registration; his driver's license; the FSM's application for marriage; and the FSM's marriage license 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 FSMs military records are not available to the Board 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 are sufficient documents, consisting of the evidence provided by the applicant and the FSMs final payment record, for the Board to conduct a fair and impartial review of this case.
3. A Form 7202 (U.S. Veterans Bureau Mail and Records) shows the FSM was a private assigned to the Machine Gun Battalion, 26th Infantry. This form also shows he enlisted on 22 July 1918 and he died on 6 November 1918.
4. The applicant provided a newspaper article which states, in pertinent part, that the FSM's wife received a telegram from the War Department informing her that the FSM had been killed in action on 6 November in France. He also provided a photograph of the FSM's grave marker in France.
5. 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 Form 7202 which shows the FSM was apparently a private when he died on 6 November 1918, the newspaper article provided by the applicant which states the FSM's wife received a telegram from the War Department informing her that the FSM had been killed in action on 6 November in France, and the photograph of the FSM's grave marker in France are accepted as sufficient evidence on which to base award of the Purple Heart.
2. It would be appropriate to show the FSM was awarded, posthumously, the Purple Heart for wounds received in action on 6 November 1918 in France.
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:
a. awarding to him, posthumously, the Purple Heart for wounds received in action on 6 November 1918 in France; and
b. issuing the Purple Heart to the applicant.
_______ _ _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.
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