BOARD DATE: 8 January 2013
DOCKET NUMBER: AR20120010927
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 his late father be awarded the Purple Heart and Presidential Unit Citation (PUC).
2. The applicant states:
* his father qualifies for the Purple Heart because he was killed in action on 7 February 1945 in the European Theater of Operations
* his father served with the 22nd Infantry Regiment and that unit was cited for the PUC
3. The applicant provides:
* His notification of birth registration and drivers license
* Letters, dated 28 June 2012 and 23 April 2012, from the National Personnel Records Center in St. Louis, MO
* Freedom of Information Act Request
* War Department Report of Death
* War Department General Orders Number 37, dated 19 April 1946
* Death compensation 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 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 complete 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 applicant provided a War Department Report of Death, dated 3 March 1945, which states the FSM was killed in action on 7 February 1945 in the European area.
4. The applicant provided general orders that show the 22nd Infantry Regiment was cited for award of the PUC for extraordinary heroism and outstanding performance of duty during the period 16 November to 4 December 1944.
5. There is no evidence of record which shows the FSM was assigned to the 22nd Infantry Regiment during World War II.
6. 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 Number 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 wounds as a result of hostile action. Effective 19 May 1998, award of the Purple Heart is limited to members of the Armed Forces of the United States.
7. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify 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.
8. Army Regulation 600-8-22 states the PUC (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action. A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.
DISCUSSION AND CONCLUSIONS:
1. The War Department Report of Death which states the FSM was killed in action on 7 February 1945 in the European area is accepted as sufficient evidence on which to base award of the Purple Heart.
2. There is no evidence which shows the FSM was assigned to the 22nd Infantry Regiment during the period 16 November to 4 December 1944. Regrettably, there is insufficient evidence on which to base award of the PUC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X______ __X______ _X__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. posthumously awarding the FSM the Purple Heart for being killed in action on 7 February 1945 in the European Theater of Operations; and
b. issuing the Purple Heart to the applicant.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to award of the PUC.
_______ _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) AR20120010927
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ABCMR Record of Proceedings (cont) AR20120010927
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