PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           13 August 2002    
	DOCKET NUMBER:   AR2002069273

	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.  

	Mr. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant, who is the grandson of the former service member (FSM), requests that the FSM be awarded the Purple Heart.

3.  The applicant states that the record does not indicate that the FSM was awarded the Purple Heart.  However, records in support of his application show that the FSM was wounded in combat as a result of enemy action and that he received medical treatment, which fulfilled all of the requirements for award of the Purple Heart.  He received the Purple Heart Medal in the 1930’s but did not receive the proper documentation.

4.  In support of his request, the applicant submits copies of the FSM’s enlistment papers; Descriptive and Assignment Card of Recruit; Certificate of Disability; Discharge Certificate and information relating to the FSM’s service and previous award of the Purple Heart, apparently from official files.

5.  The FSM’s military records show that he enlisted for 3 years on 26 January 1898.  He departed the States for Cuba on 14 June 1898, arriving there on 20 June 1898.  He was wounded, by gunshot to the right shoulder in the battle of El Caney on 1 July 1898, left Cuba on 4 July 1898, and was treated for his wounds at the Army and Navy General Hospital, Hot Springs, Arkansas until his discharge.  He was honorably discharged with a Certificate of Disability for Discharge as a private, Company F, 17th Infantry on 26 January 1899.

6.  The Certificate of Disability for Discharge shows that he was discharged because of chronic neuritis from a gunshot wound to the right arm with partial paralysis, and that the wound was sustained in the “line of battle.”

7.  Information obtained from a National Archives and Records Administration, Card File, shows that the FSM was awarded the Purple Heart on 2 October 1944, “on account of wound received in action 1 July 1898.”

8.  The period of the Spanish-American War is from 21 April 1898, through 4 July 1902, and included the Philippine Insurrection and the Boxer Rebellion.  According to the Department of Veterans Affairs, the last Spanish-American War Veteran, Nathan E. Cook, died on 10 September 1992 at age 106.

9.  Army Regulation 600-8-22, Military Awards, provides that General George Washington established the Purple Heart on 7 August 1782, during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders 3, 1932.  It is currently awarded in the name of the President 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 US Armed Services after 5 April 1917, has been wounded or killed, or has died or may hereafter die after being wounded.
10.  On 30 April 1999, the US Total Army Personnel Command (PERSCOM), prepared an Information Sheet for the purpose of clarifying the Army’s position on award of the Purple Heart for veterans of the Civil War.  In this paper the PERSCOM pointed out that:

a.  The Purple Heart was never awarded to soldiers during the Civil War.  Historical records show that the Purple Heart, established by General Washington on 7 August 1782, was a means for recognition for any singularly meritorious action.  It was not awarded for wounds or injuries soldiers sustained. The award was officially titled the Badge of Military Merit but was referred to as the “Purple Heart” because of its design.  

b.  For reasons unknown, the award ceased with the closing of the Revolutionary War and was not revived until 22 February 1932.  Upon its revival, award of the Purple Heart was made retroactive for wounds received in World War I and prior recognized wars in which the US participated, provided there was a medical record for such wounds.

	c.  Retroactive awards were authorized for wounds received prior to World War I on the basis that the decoration, having been established in 1782 and never having been formally discontinued but merely had fallen into disuse, was a continuing award since its establishment and therefore all individuals who qualified were eligible whether service had been rendered in World War I or in prior wars.

	d.  Due to the difficulty of substantiating the eligibility of large numbers of individuals for an award after the passage of considerable time, the Department of Defense opposed legislative proposals, which would render the authority to award the Purple Heart retroactive to the Civil War and the Spanish American War.

	e.  The Army has record of only two awards of the Purple Heart to individuals for wounds incurred prior to World War I.  Both presentations were made to living recipients; one a Civil War veteran, age 100, for wounds received in 1865, and the other to a veteran of the Campaign against the Moros in the Philippines in 1907.  There have been no posthumous presentations of the Purple Heart for wounds received prior to 1917.

CONCLUSIONS:

1.  The restriction contained in the current awards regulation that the Purple Heart may only be awarded for wounds suffered after 5 April 1917, would appear not to apply in the FSM’s case.

2.  The record shows that while he was wounded on 1 July 1898, a period before the Purple Heart was authorized for wounds, he did not receive his Purple Heart until 2 October 1944, the period subsequent to the revival of the award and after it had been authorized for wounds received in action.

3.  Thus, it seems from the evidence of record, that the Board is not actually approving award of the Purple Heart for the FSM, but rather, validating a previously issued award and authorizing an order and a certificate to authenticate it.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart for wounds received in action on 1 July 1898, and issuing to the applicant the appropriate certificate and orders.

BOARD VOTE:  

___fne___  ___lem__  ___tsk__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Fred N. Eichorn__________
		        CHAIRPERSON

INDEX

CASE ID	AR2002069273	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020813	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.