ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

                   BOARD DATE:  11 January 2019

                   DOCKET NUMBER:  AR20170010666


APPLICANT REQUESTS: 

The submitter requests that the deceased applicant be awarded the Purple Heart for 
wounds received during the American Civil War.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	A Certificate of Death for the applicant showing that he died in 4 June 1936
*	Army of the United States Certificate of Disability for Discharge, dated 19 
September 1862, showing that the applicant was discharged on 3 October 1862 
with a gunshot wound of the right arm fracturing the ulna and impairing his use of 
his right forearm and hand 
*	State of Michigan, Adjutant General’s Office, 13 February 1945, certifying that 
the applicant was wounded in action at Fair Oaks, Virginia, 31 May 1862, as a 
private in Company B, 3rd Regiment, Michigan Volunteer Infantry
*	United States of America Department of Interior, Bureau of Pensions, certification 
of pension for gunshot wound of the right forearm resulting in total disability of 
the right hand
*	Veterans Administration Letters, 22 June 1936 and 4 January 1937, concerning 
the applicant’s death and benefits to his widow
*	Historical documents giving information on the applicant’s life
*	Genealogical and governmental birth, marriage, and death records establishing 
the submitters relationship to the applicant as great-great grandson

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The deceased applicant, born 7 August 1842 according to his death certificate, and 
died 4 June 1936, was during the American Civil War a private in Company B, 
3rd Regiment, Michigan Volunteer Infantry.  He was wounded in action at Fair Oaks, 
Virginia, 31 May 1862, by a gunshot wound of the right arm fracturing the ulna and 
impairing the use of his right forearm and hand.

3.  Army Regulation 600-8-22, paragraph 2-8, authorizes award of the Purple Heart for 
wounds received in battle against the enemy after 5 April 1917.  There is no provision in 
the regulation for award of the Purple Heart for wounds received during the Civil War.   

BOARD DISCUSSION:

The Board considered the applicant’s request with all supporting documents, evidence 
provided and applicable policies and guidance.  The Board recognizes the applicant’s 
great-great grandfather’s service and sacrifice during the American Civil War.  The 
detailed evidence and historical documents provided by the applicant were compelling.  
This may be of interest to the U.S. Army Center of Military History.  Unfortunately, there 
is no provision in the regulation for award of the Purple Heart for wounds received 
during the Civil War.  Army Regulation 600-8-22, paragraph 2-8, authorizes award of 
the Purple Heart for wounds received in battle against the enemy after 5 April 1917.     



BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.

SIGNATURE
				  
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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart), states in 
pertinent part that the Purple Heart is limited to members of the Armed Forces of the 
United States who, after 5 April 1917, were wounded, killed, or who have died or may 
hereafter die of wounds received in any action against an enemy of the United States.

ABCMR Record of Proceedings (cont)	 AR20170010666

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