IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150017516 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ___x____ ___x____ ____x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150017516 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 an appropriate document be produced to show the FSM was awarded the Civil War Campaign Medal. 2. The Board further determined 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 the award of the Purple Heart. ___________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. IN THE CASE OF: BOARD DATE: 14 April 2016 DOCKET NUMBER: AR20150017516 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 great, great grandson of a former service member (FSM), requests the FSM be awarded the Purple Heart. 2. The applicant states, in effect: * his great, great grandfather was killed-in-action at the Battle of Gettysburg on 2 July 1863; while assigned to the 140th Pennsylvania Volunteer Infantry Regiment * he is a retired Army lieutenant colonel and it is very important to him that his great, great grandfather receive this recognition * he has 21 letters written by the FSM and he is quite knowledgeable as to the FSM's movements prior to his death * he also has 20-plus letters from the FSM's son, who served with the 155th Pennsylvania Volunteer Infantry Regiment 3. The applicant provides: * an illegible document which appears to have been issued by the 140th Pennsylvania Volunteer Infantry Regiment titled Card Numbers * nine documents titled Company Muster Roll, dated between August 1862 to August 1863 * a document reporting the FSM was killed-in-action * Facsimile Transmission from the applicant's Congressman, dated 28 October 2015, affirming the applicant's relationship to the FSM 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. This case is being considered based on the evidence provided by the applicant. 3. The applicant provides the following documents pertaining to the FSM: * Company Muster Roll, for the period 22 August to 31 October 1862, showing the FSM was present for duty and was joined for duty and enrolled on 14 August 1862 at Hookstown, PA * Company Muster Roll for the period July to August 1863 which indicates the FSM was killed-in-action at Gettysburg, PA on 2 July 1863 4. The applicant also provides a document, signed by First Lieutenant JBV on 13 February 1864, which essentially states the FSM: * was a member of the 140th Pennsylvania Volunteer Infantry Regiment, which mustered on 22 August 1862 * served 3 years, but was entitled to an earlier discharge because he was killed-in-action in the Battle of Gettysburg on 2 July 1863 REFERENCES: 1. The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War as a means for recognition of any singularly meritorious action. It was not awarded for wounds or injuries Soldiers sustained. The award was initially called the Badge of Military Merit but was referred to as the "Purple Heart" because of its design. 2. The Purple Heart was reestablished in 1932 at the direction of the President of the United States per War Department General Orders Number 3. 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. 3. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to members of the Armed Forces of the United States who were wounded, were killed, or who died later as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. 4. War Department Circular Number 6, dated 22 February 1932, published the initial criteria for the reestablished Purple Heart and ended authorization for award of the wound chevron. The circular limited awards of the Purple Heart for acts or service performed prior to 22 February 1932 and stated the Purple Heart would not be awarded posthumously. 5. Executive Order 9277, dated 3 December 1942, authorized posthumous awards for individuals wounded or killed in action beginning 6 December 1941. Executive Order 10409, dated 12 November 1952, extended the authorization for posthumous awards to individuals wounded or killed in action after 5 April 1917. Both Executive Orders direct the Services' regulations to "be of uniform application" with respect to award of the Purple Heart. 6. Executive Order 11016, dated 25 April 1962, as amended, currently provides the authority to award the Purple Heart. It also authorized posthumous awards to individuals wounded or killed in action after 5 April 1917. 7. On 30 April 1999, the U.S. Army Human Resources Command (HRC), 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 HRC stated: a. 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. b. The Army has a 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. 8. Army Regulation 600-8-22 states the Civil War Campaign Medal was established by War Department General Order 2, dated 1907. It was awarded for service between 15 April 1861 and 9 April 1865. This regulation also states the Civil War Campaign Medal is no longer available for issue. DISCUSSION: 1. With respect to the Purple Heart, the evidence provided by the applicant confirms the FSM served as a member of the 140th Pennsylvania Volunteer Infantry Regiment and was killed-in-action during the Battle of Gettysburg. Unfortunately, the Purple Heart was not awarded during the Civil War. a. When the award was reestablished in 1932, upon application, living Civil War Veterans who met the award criteria could receive the Purple Heart. There were only two awards given for Soldiers who incurred wounds prior to World War I. Only one of the recipients was a Veteran of the Civil War. b. While the Purple Heart was later authorized posthumously, Executive Orders confirmed the intent was only to award those Soldiers and Veterans who served in World War I or later conflicts. c. Based on the foregoing, it does not appear the FSM is entitled to award of the Purple Heart. 2. The information provided by the applicant shows, however, the FSM has qualifying service to be awarded the Civil War Campaign Medal. Although this medal is no longer available for issue, it would be appropriate to reflect that he received this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017516 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017516 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2