IN THE CASE OF:
BOARD DATE: 13 April 11
DOCKET NUMBER: AR20100024693
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 that his late father be awarded a second Purple Heart.
2. He states, in effect, the FSM received two wounds: one to his navel and the other to his right leg. The FSM was posthumously awarded the Purple Heart on 2 November 2010 for the injury to his leg.
3. He provided:
* permanent orders
* a Purple Heart Certificate
* the FSM's Honorable Discharge Certificate
* the FSM's Enlistment Record
* a letter from the National Personnel Records Center, dated 24 January 2011
* the FSM's final payment roll
* copies of non-legible documentation
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's 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 FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM's Enlistment Record shows he enlisted in the U.S. Army on 31 May 1917. His Honorable Discharge Certificate and pay records show he was assigned to Detachment, Company 3, 1st Battalion, 153rd Depot Brigade, during World War I. On 17 April 1919, the FSM was honorably discharged.
4. The FSM's Enlistment Record shows he sustained a wound to his right knee in October 1918. There is no entry to show he sustained a wound to his navel.
5. The FSM's records are void of evidence and the applicant has not provided any evidence to show the FSM sustained a wound to his navel.
6. On 2 November 2010, the FSM was posthumously awarded the Purple Heart for injuries sustained to his right knee.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded in the name of the President of the United States to any member of an Armed Force 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 has been wounded or killed or who has died or may hereafter die after being wounded in any action against an enemy of the United States.
8. Army Regulation 600-8-22 also states a Purple Heart is authorized for the first wound suffered, but for each subsequent award an oak leaf cluster will be awarded to be worn on the medal or ribbon. Not more than one award will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.
DISCUSSION AND CONCLUSIONS:
1. The FSM's Enlistment Record shows he sustained a wound to his right knee in October 1918. There is no evidence and the applicant has not provided sufficient evidence to show the FSM sustained a wound to his navel.
2. The FSM was posthumously awarded the Purple Heart on 2 November 2010 for wounds sustained to his right knee.
3. Army Regulation 600-8-22 states not more than one award of the Purple Heart will be made for more than one wound or injury received at the same instant or from the same missile, force, explosion, or agent.
4. In view of the foregoing, the applicant is not entitled to the requested relief.
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 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 this action in no way diminishes the sacrifices made by the FSM in service to our Nation. The
applicant and all Americans should be justifiably proud of the FSM'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) AR20100024693
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ABCMR Record of Proceedings (cont) AR20100024693
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