IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150006875 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 grandson of the deceased former service member (FSM), requests correction of the FSM’s records by showing he received the Purple Heart (PH) for his loss of hearing. 2. The applicant states the FSM lost most of his hearing due to an enemy shell exploding near him during World War I (WWI). The applicant has worked with the Department of Veterans Affairs (VA) to get the FSM’s records but was told that most of them were destroyed in a fire. 3. The applicant provides copies of: * A WD Form Number 370 (Final Statement), dated 12 July 1919 * A WD AGO Form Number 150-2 (Certificate in Lieu of Lost or Destroyed Discharge Certificate), dated 26 July 1921 * A Transcript from Record of Service, dated 16 June 1938 * A letter, Award of Disability Pension, dated 3 March 1939 * A Coroner’s Certificate of Death for the FSM, dated 5 July 1957 * A Certificate of Birth for applicant, issued 3 August 2006 * A Certificate of Death for the FSM's son, issued 11 March 2014 * A letter from the VA to a member of Congress, dated 22 September 2014 * A Certificate of Birth for the FSM's son, issued 1 April 2015 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. 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, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case. 3. A WD AGO Form Number 150-2, dated 26 July 1921, as provided by the applicant, shows the FSM was enlisted in the United States Army on 11 May 1917 to serve for the period of the emergency. He attained the rank of private first class and was discharged on 12 July 1919. He served with the 79th Sanitary Squadron, Medical Department Regiment. 4. A Transcript from Record of Service indicates he left the U.S. for foreign service in 1918 (date illegible). 5. A WD Form Number 370, dated 12 July 1919, as provided by the applicant, indicates that the FSM was discharged due to dependency. This form also indicates that he had foreign service in June and July 1919. 6. A letter, Award of Disability Pension, dated 3 March 1939, as provided by the applicant, states that the FSM was awarded a disability pension of $30.00 per month beginning on 17 January 1939. 7. A Coroner’s Certificate of Death for the FSM, dated 5 July 1957, as provided by the applicant, states the FSM died on 3 July 1957 due to automobile accident. 8. The PH 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. Substantiating evidence must be provided to verify that 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. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that the FSM’s military records should be corrected by showing he received the PH for his loss of hearing due to the explosion of an enemy shell near him during WWI. 2. The applicant has not provided sufficient documentary evidence showing that the FSM sustained a concussion or other wound as a direct result of enemy action during WWI. Therefore, there is insufficient evidence upon which to base award of the PH in this case. 3. The available documents provided by the applicant do show that the FSM served overseas and that he was a member of the 79th Sanitary Squadron, Medical Department Regiment. The applicant is advised that a search of unit records in the National Archives may reveal documents and reports of military operations that might provide lists of casualties. 4. In view of the above, the applicant’s request should be denied. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x____ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20150006875 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006875 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1