IN THE CASE OF:	  

		BOARD DATE:	  21 September 2010

		DOCKET NUMBER:  AR20100006875 


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 requests, in effect, that the records of his deceased father, a former service member (FSM), be corrected to show award of the Purple Heart.

2.  The applicant states the FSM served honorably in the U.S. Army for 37 years, from 1917 to 1954, and retired in the rank of master sergeant.  He states he remembers the FSM telling him that he was wounded during World War I.  He also states he recently found that one of the FSM's discharge papers noted that he was wounded during World War I at the Battle of Mount Kemmel, Ypres, Belgium, in August 1918; however, there is no record that the FSM was awarded the Purple Heart.

3.  The applicant provides copies of the FSM's enlistment record and discharge documents in support of his request.

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 enlisted in the U.S. Army on 26 September 1917.  Upon completion of training he was assigned to the infantry.

3.  The FSM's records contain handwritten medical cards.  Four of these cards show the FSM was:

   a.  "tagged" at 2:00 PM on 8 August 1918 and diagnosed with "P.U.O. [Pyrexia of Unknown (or Uncertain) Origin] (Exhaustion)";

   b.  admitted for tuberculosis of lung on 8 August 1918;

   c.  diagnosed with tuberculosis of lung on 14 August 1918; and

   d.  transferred for treatment of tuberculosis of lung on 27 August 1918.

4.  An Application for Adjusted Compensation for Service in Army, submitted by the FSM on 25 July 1924, shows he served with Company E, 106th Infantry, from 27 September 1917 to 29 January 1919.  The FSM stated, "[o]n the date that the 27th Division sailed for France on the SS Levithan [sic] [FSM] was removed to civilian hospital because of injury.  Hospitalized for about 15 days at St. Mary's Hospital, Hoboken, NJ.  Returned to duty Camp Merritt, NJ with casual company.  Sailed from Hoboken, NJ about June 4-18.  Rejoined original organization.  Returned from France arriving at Camp Hill, VA about June 10."  [The FSM did not indicate that he was wounded or injured as a result of enemy action in August 1918.]

5.  There is no evidence in the FSM's military service records that shows he was wounded or injured as a result of enemy action during World War I.

6.  There are no orders or other evidence that shows the FSM was awarded the Purple Heart.

7.  In support of the application, the applicant provides copies of the following documents:

   a.  The FSM's Enlistment Record that shows he enlisted in the U.S. Army on
26 September 1917 and he was honorably discharged on 29 January 1919.

       (1)  The "Battles, engagements, skirmishes, expeditions" section shows he served in the American Expeditionary Force, left the U.S on 4 June 1918, and returned to the U.S. on 18 January 1919.  It also shows he served in Belgium at Mount Kemmel, Ypres.

       (2)  The "Wounds received in service" section shows the entry "August 1918."

	b.  Adjutant General's Office (AGO) Form Number 525 (Honorable Discharge from the United States Army) shows the FSM was honorably discharged on
29 January 1919.

	c.  DA Form 494 (Army of the United States Retirement) and DD Form 363A (Certificate of Retirement) that show the FSM was retired from the military service after more than 36 years of honorable service on 31 December 1954.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  This regulation provides that the Purple Heart is awarded to any member who has been wounded or killed in action.  A wound is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  In order to support awarding a member the Purple Heart, it is necessary to establish that the wound for which the award is being made required treatment by medical personnel and the medical treatment for the wound or injury received in action must have been made a matter of official record.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM's records should be corrected to show award of the Purple Heart because he was wounded during World War I at the Battle of Mount Kemmel, Ypres, Belgium, in August 1918.

2.  There is no evidence in the FSM's military service records that shows he was wounded or injured while in action or as a result of enemy action during World War I.  In fact, records show the FSM was being treated for tuberculosis of the lung during August 1918.

3.  There are no orders or other evidence in the FSM's military service records that show he was awarded the Purple Heart.

4.  The Army regulatory guidance governing the criteria for award of the Purple Heart is clear in that the wound for which the award is made must have been sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy, the wound must have required treatment by medical personnel, and record of the medical treatment for the wound or injury sustained in action must have been made a matter of official record.

5.  The sincerity of the applicant's comments that the FSM was wounded during World War I are not in question.  However, based on the available evidence, there is insufficient evidence upon which to base award of the Purple Heart.  Therefore, in view of the foregoing, there is no basis for correcting the FSM's military service records to show award of the Purple Heart.

6.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the former service member in service to our Nation.  The applicant and all Americans should be justifiably proud of the former service member's service in arms.



      _______ _   _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)                                         AR20100006875



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ABCMR Record of Proceedings (cont)                                         AR20100006875



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