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ARMY | BCMR | CY2003 | 2003086152C070212
Original file (2003086152C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 October 2003
         DOCKET NUMBER: AR2003086152


         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. Richard P. Nelson Analyst


The following members, a quorum, were present:

Mr. Curtis L. Greenway Chairperson
Mr. Ernest W. Lutz Member
Mr. Larry C. Bergquist 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, in effect, that the records of his late father, a former service member (FSM), be corrected to reflect award of the Purple Heart as a result of wounds received in combat during World War I.

3. The applicant states the FSM was wounded in WWI and did not receive the Purple Heart as a result of his wounds. He further states that, as a son, he would like to have the Purple Heart presented to him, on behalf of his late father.

4. In support of his request, the applicant has submitted copies of the FSM’s National Guard Enlistment Record; Record of Discharge form The National Guard of the United States, dated 5 August 1917; Form No. 525, A.G.O. (Honorable Discharge from the United States Army and Enlistment Record), dated 12 January 1919; and a Letter to the FSM from the United States Veterans Bureau, dated 28 October 1930.

5. The FSM’s military records show that he enlisted in the Kansas National Guard on 15 June 1917. He was discharged from the Kansas National Guard and drafted into federal service on 5 August 1917 by Presidential proclamation. The FSM then shipped out to the war in Europe on an unknown date. He participated in the Battle of Verdun in September 1918. The FSM returned to the United States and was honorably discharged on 12 January 1919. The portion of the FSM’s Enlistment Record entitled “Wounds received in service:” indicates “G.S.W. Left Ankel.”

6. United States Veterans Bureau letter addressed to the FSM, dated 28 October 1930, contains the following statement: “Supplemental records recently furnished by the adjutant general’s office in Washington, D.C. show you had a gunshot wound in service. Your physical examination on October 14, 1930, shows a moderate injury to the left ankle resulting from the gunshot wound, and in view of the evidence contained in the report of your service medical record your present condition is being held as of service origin.”

7. Paragraph 2-8d of Army Regulation 600-8-22 governs award of the Purple Heart for wounds sustained during World War I. In pertinent part, this paragraph authorizes award of the Purple Heart 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.

8. Paragraph 6-15a of Army Regulation 600-8-22 governs award of the World War I Victory Button. This paragraph states, in pertinent part, that the Silver World War I Victory Button is issued to persons wounded in action during World War I and the Bronze World War I Victory Button is awarded to all others.

9. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War I Victory Medal. It is awarded for service between 6 April 1917 and 11 November 1918.

10. Paragraph 6-6 of Army Regulation 600-8-22 governs award of clasps authorized for wear on the Good Conduct Medal, World War I Victory Medal, American Defense Service Medal, Army of Occupation Medal and Antarctica Service Medal. This paragraph states, in pertinent part, that the World War I Victory battle clasp is a bronze bar with the name of the campaign or words “Defensive Sector,” and with a star at each end of the inscription. The World War I service clasp is a bronze bar with the name of the country where the service was performed inscribed thereon.

CONCLUSIONS:

1. The FSM's Enlistment Record shows that he was wounded during his service in World War I. The record indicates that the wound was to the left ankle and was a result of gun fire. However, the date of the wounding and any medical treatment received is not documented in the available military records.

2. A letter from the United States Veterans Bureau indicates that the FSM sustained a gunshot wound to the left ankle while in service.

3. Based on the foregoing, the Board determined that there is sufficient evidence to show that the FSM was wounded as a result of hostile action during World War I. The FSM should have been authorized to wear wound chevrons however, it appears that this was administratively overlooked, either in the theater of operations, or upon his return to the United States and subsequent discharge from the Army. As a result, the Board determined that the FSM is entitled to a posthumous award of the Purple Heart for wounds sustained in combat.

4. The FSM is entitled to the Silver World War I Victory Button as a result of wounds sustained in combat. Therefore, the FSM is entitled to issuance of the Silver World War I Victory Button.

5. The Board noted the absence of the World War I Victory Medal and service clasps, to be affixed to it.

6. Evidence of record shows that the FSM served in the battle of Verdun. The Franco-American portion of the battle of Verdun was fought in September 1918, in France, a part of the St. Mihiel campaign. Therefore, the FSM is entitled award of the World War I Victory Medal. He is also entitled to issuance of a bronze bar battle clasp for the St. Mihiel campaign and a bronze France service clasp, both to be affixed to his World War I Victory Medal.

7. 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:

a. The FSM was posthumously awarded the Purple Heart for wounds sustained during World War I;

b. The FSM was posthumously issued the Silver World War I Victory Button, and the World War I Victory Medal with St. Mihiel battle clasp and France service clasp; and

c. The applicant, as the representative of the next of kin of the FSM, be issued the posthumous awards.

BOARD VOTE:

___ewl__ ___lcb___ ___clg___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Curtis L. Greenway______
                  CHAIRPERSON




INDEX

CASE ID AR2003086152
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20031030
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.
2.
3.
4.
5.
6.


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