IN THE CASE OF: BOARD DATE: 19 November 2021 DOCKET NUMBER: AR20210005514 APPLICANT REQUESTS: in effect, to be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Senator letter, 5 January 2021 * Department of Veterans Affairs (DVA) letter, 19 June 2015 * Privacy Release Form * Certificate of Service FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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 stated: a. The Louisiana Office of Veterans Affairs has prepared a correction to his separation document accurately reflecting his injuries and qualifying him for the Purple Heart. He asked for his Senator’s assistance in expediting this correction and issuance of the medal. The applicant was honored 10 February 2021 when the Lieutenant Governor's office unveiled a monument and marker commemorating the Baton Rouge bus boycott. The applicant was honored by France with the Legion of Honor Award in May 2020, and Senator spoke at the ceremony. He has received multiple commendations for WWII military actions which led to the liberation of, world freedom preservation, and also was a trusted confidant of. More commendations from European countries are being discussed. The applicant has suffered pain every day from D-Day (6 June 1944) to now from injuries documented in his military VA files. Yet no Purple Heart has been awarded. It is only fitting that the United States honor him as earned and deserved. b. Also, via his senator he was injured in the 3rd wave of the D-Day invasion at to liberate France. His military and Veterans Affairs medical files and current physical conditions confirm a back injury he incurred from his ship hitting a mine at. The applicant also received penetrating shrapnel wounds suffered from aircraft attacks. The applicant’s WD AGO Form 53-98 did not include an award of the Purple Heart for this incident. The reason why he is asking for an expedited review is the former service member is 101 years old and he would be honored to receive this award before he passes. After returning home from the war, he has had a very distinguished career as an attorney and also an icon for the Civil Rights Movement. Therefore, based on the information provided the senator would like to ask if action could be taken to expedite the review to correct his records to reflect his entitlement to the award of the Purple Heart. c. In a Privacy Release Form his Senator stated he believes this award will garner national attention and hope it opens the door for the applicant, an icon of the Civil Rights Movement, to be considered for the Congressional Medal of Freedom. After returning home from fighting to preserve democracy, he was confronted with discrimination and brutal treatment in his home state. After completing law school, he represented the Baton Rouge Bus Boycott organizers. It became the template for nationally-known boycotts in Montgomery, AL, and other cities. The applicant initiated a number of civil rights cases argued successfully before the U.S. Supreme Court. Despite threats and assassination attempts, he continues to fight for equal rights for ALL. 3. The applicant provided: * Senator letter, 5 January 2021 discussed above (attached in documents for review) * DVA letter, 19 June 2015 describing injuries he sustained in the Normandy invasion on 6 June 1944 in relation to his back (letter is attached in documents for review) * Privacy Release Form Authorizing Senator to advocate on his behalf * Certificate of Service which is illegible 4. His 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, this case is being considered using reconstructed records which primarily consist of his WD AGO 53-98 (Military Record and Report of Separation Certificate of Service), Certification of Military Service, Special Orders Number 326 and Movement Orders. a. He entered military service on 29 April 1943. b. On 12 October 1943, he departed the U.S. with destination into the European Theater of Operations (ETO), arriving on 19 October 1943. c. Movement Orders RE 2343, issued by Headquarters, Camp Phillip Morris, on 17 November 1945 shows the applicant was to move on or about 20 November 1945 with a destination of Camp Shelby, MS. d. He departed the ETO on 21 November 1945 and arrived back in the United States on 29 November 1945. e. Special Orders Number 326, issued by Fourth Service Command, Camp Shelby, MS, on 5 December 1945 shows the applicant had a date of relief from active duty on 28 February 1946. f. His WD AGO 53-98 shows he was relieved of active duty on 28 February 1946. He participated in the battles of Normandy and Northern France from on or about 19 October 1943 until on or about 21 November 1945. His WD AGO Form 53-98 shows (1) Block 29 Decorations and Citations): * European African Middle Eastern Campaign Medal with two bronze stars and one bronze arrowhead * Victory Medal World War II * American Campaign Medal * French Croix De Guerre Unit Award * Lapel Button (2) Block 30 (Wounds Received in Action) None. 5. The Purple Heart was established by General George Washington at Newburgh, New York, 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. 6. By regulation, Army Regulation 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. An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized. 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. 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 applicant’s separation document clearly shows an annotation that he was not wounded by enemy forces during the contested period. He provided no evidence that shows he was wounded by enemy forces on a specific date that would entitle him to the Purple Heart. The Board determined there is insufficient evidence to grant relief. 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. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 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. An “element” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized. 3. The Purple Heart was established by General George Washington at Newburgh, New York, 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. 4. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or 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. Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210005514 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1