MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 April 2002       
	DOCKET NUMBER:   AR2001065943

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Karen Y. Fletcher		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  As the great, great, great grandson of a deceased former service member (FSM), that his great, great, great grandfather’s military records be corrected to show entitlement to wear wound chevrons and that he be awarded a certificate for wounds sustained during the Revolutionary War.  The applicant further requests that the Purple Heart be awarded based on entitlement to wound chevrons.

APPLICANT STATES:  That the FSM was wounded in his leg during the Battle of King’s Mountain during the Revolutionary War.  

In support of his application, he submits verification of his membership in the National Society of the Sons of the American Revolution; and the FSM’s application for pension, dated 7 June 1832, for his service in the U.S. Army during the Revolutionary War.   

EVIDENCE OF RECORD:  Records available to the Board were obtained from alternate sources and show that the FSM served as a volunteer light horseman in the Revolutionary War from 1776 to 1781.

The available records do not contain a discharge document.

The applicant provided a copy of the FSM’s application for pension, dated 
7 June 1832, which states that the FSM participated in the Battle of King’s Mountain and received a wound in the leg during the Revolutionary War.
 
Historical records available to the Board show the Battle of King’s Mountain, South Carolina, occurred on 7 October 1780.

The Center for Military History Website provides historical information on the Purple Heart.  The history of the Purple Heart indicates that on 7 August 1782, General George Washington devised two new badges of distinction for enlisted men and noncommissioned officers.  To signify loyal military service, he ordered a chevron to be worn on the left sleeve of the uniform coat for the rank and file who had completed three years of duty “with bravery, fidelity, and good conduct”; two chevrons signified six years of service.  The second badge, for “any singularly meritorious action,” was the “Figure of a Heart in Purple Cloth or Silk edged with narrow Lace or Binding.”  This device, the Badge of Military Merit, was affixed to the uniform coat above the left breast and permitted its wearer to pass guards and sentinels without challenge and to have his name and regiment inscribed in a Book of Merit.  The badge specifically honored the lower ranks, where decorations were unknown in contemporary European Armies.  Three badges were awarded during the Revolutionary War, all to volunteers from Connecticut.  The award fell into disuse following the Revolution and was not officially used again until 22 February 1932 when it was awarded for wounds or fatality suffered in the line of meritorious service.   
Historical records show the Wound Ribbon was established by Secretary of War, Newton D. Baker, on 6 September 1917, and implemented by Paragraph XI-1 of War Department General Orders Number 134 of 12 October 1917.  However, it was rescinded by Paragraph 1(d) of War Department General Orders Number 
6 of 12 January 1918, which replaced it with wound chevrons.  The Wound Ribbon was awarded to officer and enlisted men who were “honorably wounded in action” and was in effect from 6 September to 12 October 1917.

Army Regulation 600-8-22 (Military Awards) currently governs award of the Purple Heart.  This regulation states, in pertinent part, that 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. 

Army Regulation 600-8-22 further states that the Purple Heart may be awarded 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. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Evidence of record shows the FSM received a wound in the leg during the Battle of King’s Mountain on or about 7 October 1780.  

2.  The history of the Purple Heart reveals that during the Revolutionary War it was known as the Badge of Military Merit and it was not awarded for wounds or fatality sustained in action against an enemy of the United States.   

3.  There is no evidence that any award existed during the Revolutionary War to recognize soldiers wounded or killed in action against an enemy of the United States.

4.  Regulations governing award of the Purple Heart show that it was not authorized to be awarded for wounds or fatality suffered in the line of meritorious service as a result of hostile action prior to 5 April 1917.  Regulations also do not authorize award of the Purple Heart based on wound chevrons prior to the beginning of World War I.  

5.  Notwithstanding the evidence which shows the FSM was wounded at the Battle of King’s Mountain on or about 7 October 1780, there is no authority to award wound chevrons or to award the Purple Heart for the FSM’s wounds sustained on or about 7 October 1780.

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

AAO____  RWA____  KYF_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001065943	
SUFFIX		
RECON		
DATE BOARDED	20020404	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.