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Decision Text

ARMY | BCMR | CY2001 | 2001052254C070420
Original file (2001052254C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 27 SEPTEMBER 2001
         DOCKET NUMBER: AR2001052254


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

Mr. Carl W. S. Chun Director
Mr. Kenneth H. Aucock Analyst


The following members, a quorum, were present:

Mr. Raymond V. O’Connor Chairperson
Mr. Eric N. Andersen Member
Mr. Thomas E. O’Shaughnessy Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his deceased father, a former serviceman (FSM), be awarded the Purple Heart.

3. The applicant states that his deceased father sustained a leg wound in World War I when a shell exploded in the trench he was crawling out of.

4. The historical files of the 139th Infantry, 35th Infantry Division, located at the National Archives show that the FSM was authorized to wear one wound chevron as a result of his being wounded in action on 28 September 1918 during the Meuse Argonne offensive, per Headquarters, 139th Infantry Special Order No. 37.

5. Army Regulation 600-8-22, paragraph 2-8 states in pertinent part, that the Purple Heart may be made to any member of the Army, who during World War I, was authorized to wear wound chevrons.

CONCLUSIONS:

1. The FSM was wounded in action against the enemy during World War I and is entitled to award of the Purple Heart.

2. In view of the foregoing, the records of the FSM should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by awarding the Purple Heart to the deceased FSM.

BOARD VOTE:

__RVO__ __ENA __ __TEO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Raymond V. O’Connor _
                  CHAIRPERSON




INDEX

CASE ID AR2001052254
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20010927
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.00
2. 61
3.
4.
5.
6.


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