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ARMY | BCMR | CY2004 | 20040005370C070208
Original file (20040005370C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 June 2005
      DOCKET NUMBER:  AR20040005370


      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             |
|     |Ms. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant, the son of a deceased former service member (FSM) who
served in World War I, requests that his father be posthumously awarded the
Purple Heart for wounds sustained during World War I.

2.  The applicant states that his father was wounded at Argonne Forest
[Meuse-Argonne-France] during World War I and should be posthumously
awarded the Purple Heart.

3.  The applicant provides:

      a.  A copy of the FSM's " Honorable Discharge from the United States
Army " dated 1 March 1919.


      b.  The FSM's "Enlistment Record " date stamped 1 March 1919.

      c.  A letter from the United States Veterans Bureau, dated
24 June 1929.

      d.  A copy of the FSM's Death Certificate, dated 6 August 2004.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records were 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 his records were
lost in that fire.  The primary record available are those provided by the
applicant.

2.  The FSM's record consist only of his Honorable Discharge and Enlistment
Record.  These records show that the FSM entered active duty in the Army on
25 May 1918.  He served as a member of an American Expeditionary Force
(Company B, 47th Infantry) during World War I and participated in the Meuse-
Argonne Campaign.  Records show that the applicant obtained the rank of
Private.

3.  The FSM's Honorable Discharge and Enlistment Record indicates that he
was discharged from the Army at Camp Lee, Virginia, on 1 March 1919 due to
a service-connected disability.

4.  Records show that the FSM was wounded during his service in World War
I.  The FSM's Enlistment Record shows the entry "Bullet Wound Thru Both
Legs Oct 5, 1918" under "Wounds Received in Service."

5.  Army Regulation 600-8-22 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, and the
medical treatment must have been made a matter of official record.

6.  Paragraph 2-8d of Army Regulation 600-8-22 governs award of the Purple
Heart authorized 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 the Meritorious Service
Citation Certificate signed by the Commander-in-Chief, American
Expeditionary Forces, or who was authorized to wear wound chevrons.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his father should be posthumously awarded
the Purple Heart for wounds he incurred in the Battle of Meuse-Argonne
which was fought from 26 September to 11 November 1918.

2.  The FSM's Enlistment Record shows that he sustained wounds on 5 October
1918 as a result of hostile action during his service in World War I and
was discharged with a service-connected disability.  Therefore, the FSM is
entitled to a posthumous award of the Purple Heart for wounds sustained in
the Meuse-Argonne Campaign during World War I.

3.  Records show that the FSM was wounded while a member of an American
Expeditionary Force.  Therefore, the FSM is entitled to issuance of the
World War I Victory Medal with Battle Clasp for Meuse-Argonne and a Silver
World War I Victory Button.









BOARD VOTE:

__rjw___  __kwl___  __drt___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 showing the FSM was posthumously awarded the Purple Heart for
wounds sustained during World War I.

2.  That the applicant, as the next of kin to the FSM, be issued the
posthumous award of the Purple Heart, the World War I Victory Medal with
Battle Clasp for Meuse-Argonne, and the Silver World War I Victory Button.





                                        Raymond J. Wagner
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005370                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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