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ARMY | BCMR | CY2002 | 2002077094C070215
Original file (2002077094C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 March 2003
         DOCKET NUMBER: AR2002077094


         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. Walter Avery, Jr. Analyst


The following members, a quorum, were present:

Mr. Walter T. Morrison Chairperson
Ms. Linda D. Simmons Member
Mr. Frank C. Jones 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 her husband, the former service member (FSM), be awarded the Purple Heart and all authorized awards.

3. The applicant states that the FSM was wounded in World War I and is entitled to the Purple Heart award.

4. In support of her request, she applicant submits a copy of his World War I honorable discharge document, a single page document titled Enlistment Record, and a news article describing the action that resulted in him being wounded by an exploding mine and that he was awarded three service stripes and one wound stripe (properly referred to as a wound chevron). To establish that she is the next of kin, she submits a notarized statement to that fact, a copy of the FSM’s Report of Death and a marriage certificate both reflecting that she was the spouse of the FSM.

5. The FSM’s military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein is derived from documents submitted by the applicant.

6. The FSM’s Honorable Discharge certificate shows that he was honorably discharged on 28 April 1919.

7. His Enlistment Record reflects he was inducted on 3 April 1917. He served with an Allied Expeditionary Force from 11 December 1917 through 11 April 1919, participated in the Soissons Battle (part of the Aisne-Marne Campaign) on 18 July 1918, and the Meuse-Argonne campaign from 5 – 9 September 1918. The following entry is also reflected: “Wounds received in service: high explosive wound above left knee”.

8. Army Regulation 600-8-22, Military Awards, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained 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 a medical officer, and the medical treatment must have been made a matter of official record.

9. The same regulation also provides that award of the Purple Heart may be made to any member of the Army, who during World War I, was awarded a Meritorious Service Citation Certificate signed by the Commander in Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons.






10. The same regulation authorizes battle clasps for wear on the World War I Victory Medal. The clasp is a bronze bar with the name of the campaign or the words, "Defensive Sector" and with a star at each end of the inscription. That regulation also authorizes award of service clasps for wear on the World War I Victory Medal. That clasp is a bronze bar with the name of the country which the service was performed inscribed thereon, e.g., France.

11. The same regulation provides that the World War I Victory Button is awarded for service between 6 April 1917 and 11 November 1918. It is a five-pointed star 5/8 inch in diameter on a wreath with the letters "US" in the center. For persons wounded in action, the lapel button is silver; for all others, the lapel button is bronze.

CONCLUSIONS:

1. The FSM’s discharge document reflects that he was wounded and a news item news article indicates that he was awarded a wound chevron. It would appear therefore, based on the available evidence, that the FSM was wounded in action, received a wound chevron and met the criteria for award of the Purple Heart.

2. The records of the FSM shows that he participated in two campaigns the Aisne-Marne and Meuse-Argonne campaigns. The FSM is entitled to award of battle clasps to his World War I Victory Medal indicating his participation in those two campaigns. He is also entitled to award of a bronze bar service clasp to his World War I Victory Medal indicating his service in France.

3. The FSM was wounded in action, he is therefore entitled to award of the silver World War I Victory Button.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.













RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the FSM was awarded the Purple Heart; the World War I Victory Medal with the Aisne-Marne and Meuse-Argonne battle clasps and the bronze clasp titled France, and the silver World War I Victory Button.

BOARD VOTE:

___fcj___ ____lds__ ____wtm_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___________Walter T. Morrison _______
                  CHAIRPERSON




INDEX

CASE ID AR2002077094
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030306
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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