ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 August 2021

	DOCKET NUMBER:  AR20210007171


APPLICANT REQUESTS on behalf of his father, a Former Service Member (FSM) 
requests reconsideration of his previous request for:

*	Award of the Purple Heart
*	Backpay for hazardous duty combat pay
*	Correction of his record to show he had a busted eardrum, Post-Traumatic 
Stress Disorder (PTSD) and brain damage

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 149, dated 10 December 2016 (previous Army Board for Correction of 
Military Records (ABCMR) Docket Number AR20170006248) with attachments

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the ABCMR in Docket Number 
AR20170006248, boarded on 10 October 2018.

2.  The applicant states: 

a.	His father, a FSM was a World War I (WWI) combat Soldier in artillery. He lost 
his hearing while being in service. He became a disabled person who received a check 
for the rest of his life; however, his DD Form 214 is inaccurate. He was never paid 
combat pay. His DD Form 214 should be changed to show he was disabled by WWI 
and got injured, and should be given a Purple Heart with back pay.

b.	He also wants hazardous combat pay for his father, a FSM, as an artillery 
Soldier, who was disabled from WWI with a busted ear drum, had PTSD, and brain 
damage.

3.  The FSM's complete military records are not available for review. However, both the 
National Personnel Records Center (NPRC) and the applicant provided documents for a 
reconstructed record (which was previously submitted in ABCMR Docket Number 
AR20170006248), which are sufficient to address the applicant's reconsideration 
request.

4.  A review of the FSM's records shows:

a.	An enlistment record document, which states he was inducted in the military on 
1 November 1917, in and was honorably discharged from the U.S. Army on 3 July 1919, 
at Camp Bowie, TX. This document also reflects the following statements:

*	Battles, engagements, skirmishes, expeditions: "None"
*	Wounds received in service: "None"
*	Physical condition was discharged: "Good"

b.	ABCMR Docket Number AR20170006248, which was boarded 10 October 2018, 
shows the applicant, on behalf of the FSM, submitted a request for correction of his 
father's DD Form 214 to show the FSM was authorized and entitled to the award of the 
Purple Heart and that the FSM's records should be corrected from "no wounds" to "brain 
damage, busted ear drums, and bullet shrapnel from battlefield combat artillery 
explosions in WWI." The Board denied his request on 1 December 2018, based in part 
from an advisory opinion from the U.S. Army Human Resources Command (HRC), 
Awards and Decorations Branch, dated 28 November 2011, which states:

(1)	"The Purple Heart was not awarded during World War I, Soldiers were 
awarded Wound Chevrons. The Wound Chevron was authorized for wear by officers 
and enlisted men who received a wound in action with the enemy, or as a result of an 
act of the enemy, which necessitated treatment by a medical officer. HRC was unable to 
verify his father was wounded during his service. A review of the discharge 
documentation included with his request reflected no wounds received. Therefore, HRC 
could not verify his entitlement to the Purple Heart. However, he was entitled to the 
following awards and decorations:

*	WWI Victory Medal with France Service Clasp
*	Army of Occupation of Germany
*	Marksman Badge with Field Artillery Bar
*	WWI Victory Button (Bronze)

	(2)  HRC also stated the FSM's discharge document was signed by Colonel 
(COL) L-, Field Artillery, U.S. Army., Commanding, who assumed command of the 
133rd Field Artillery, in January 1919. The FSM's unit was nicknamed 'Logan's Battery' 
after COL L-. The 133rd Field Artillery Regiment's unit lineage and honors list them as 
being attached to the 36th Infantry Division at the famous French artillery center at 
Coetquidan. The 133rd moved into support positions behind the fighting lines, but did 
not see combat during the war. It was demobilized at Camp Bowie as reflected in the 
FSM's discharge record."

c.	ABCMR Docket Number AR20170006248, further states, the FSM was rated 
with a 100 disability rating by the Department of Veterans Affairs for a condition first 
noted long after service, and was not service connected. Furthermore, "the available 
evidence of record does not indicate [FSM] sustained and was injured and/or was 
wounded as a result of hostile action while in combat during WWI, received medical 
treatment, and that treatment was made a matter of official record. The records show 
his unit was sent to the French artillery center at Coetquidan for support, but never saw 
combat action and subsequently demobilized at Camp Bowie, TX." His case also shows 
a Death Certificate, which reflects the FSM passed away on 7 April 1975, at 
the age of 88, due to "Chronic kidney disease with uremia".

5.  The applicant provides a personal statement and previously submitted documents 
from ABCMR Docket Number AR20170006248. No other evidence was provided.

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted.  The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered.  
The Board also consider the previous ABCMR docket.  The Board agreed the FSM’s 
record is void information showing he received a Wound Chevron in which a Purple 
Heart could substitute for, nor any information showing he disputed any pay concerns 
prior to the applicant’s submission.  In addition, the FSM’s separation document shows 
he was paid in full for his service and paid a bonus.  Based upon the preponderance of 
the evidence, the Board determined there is insufficient evidence to amend the previous 
Board’s decision. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket 
Number AR20170006248, on 10 October 2018.


	  
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.

REFERENCES:

1.  Army Regulation (AR) 600-45 (Decorations), which governed the award of Army 
decorations until 23 August 1951, stated that for the purpose of considering an award of 
the Purple Heart, a "wound" was 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.

2.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8d governs award of the 
Purple Heart authorized for wounds sustained during World War I. In pertinent part this 
paragraph authorizes award of the Purple Heart to any member of the Army, who during 
World War I, was awarded a Meritorious Service Citation Certificate signed by the 
Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear 
wound chevrons.

3.  The doctrine of laches is defined by Black's Law Dictionary, sixth edition, as the 
neglect to assert a right or claim which, taken together with lapse of time and other 
circumstances causing prejudice to the adverse party, operates as a bar in a court of 
equity.

4.  Title 31 United States Code (USC), section 3702, also known as the barring statute, 
prohibits the payment of a claim against the Government unless the claim has been 
received by the Comptroller General within 6 years after the claim accrues. Among the 
important public policy considerations behind statutes of limitations, including the 6-year 
limitation for filing claims contained in this section of Title 31, USC, is relieving the 
Government of the need to retain, access, and review old records for the purpose of 
settling stale claims, which are often difficult to prove or disprove.  

5.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes 
the policies and procedures for correction of military records by the Secretary of the 
Army, acting through the ABCMR. The regulation provides that the ABCMR begins its 
consideration of each case with the presumption of administrative regularity. The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.
//NOTHING FOLLOWS//


ABCMR Record of Proceedings (cont)	 AR20210007171
	
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