ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  20 March 2019

	DOCKET NUMBER:  AR20190000698


APPLICANT REQUESTS:  in effect, correction of the record of his deceased uncle, a 
former service member (FSM), to show he was awarded the Purple Heart.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	excerpt of Title 32, Code of Federal Regulations
*	historical references
*	War Department casualty records 
*	letter, National Archives and Records Administration

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 applicant states he is the nephew of the FSM and is conducting genealogical 
research about military records and awards related to the deceased.  The National 
Personnel Records Center (NPRC) shows no record that the FSM is authorized the 
Purple Heart.  

3.  War Department casualty records show the FSM was killed in action on 
28 September 1944.  A Report of Burial shows the cause of his death as gunshot 
wounds to his right side, right arm, and back.  

4.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to 
members of the Armed Forces 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, have 
been wounded, were killed, or who have died or may hereafter die of wounds received 
in any action against an enemy of the United States.


BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The applicant’s contentions were carefully considered.  The 
Board agreed the record shows the FSM was KIA and is entitled to the Purple Heart.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by awarding the FSM the 
Purple Heart for wounds caused by enemy force on 28 September 1944.


	  
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.


ADMINISTRATIVE NOTE(S):  not applicable.


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) states the Purple Heart is awarded to 
members of the Armed Forces 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, have 
been wounded, were killed, or who have died or may hereafter die of wounds received 
in any action against an enemy of the United States.
//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190000698
	
2

1