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ARMY | BCMR | CY2004 | 20040011553C070208
Original file (20040011553C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040011553


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 the deceased former service member (FSM),
requests that his late father's records be corrected to show award of the
Purple Heart.

2.  The applicant states, in effect, that he believes his father is
entitled to the award of the Purple Heart for wounds received in World War
I.

3.  The applicant provides a newspaper article, a copy of his father's
death certificate, an Honorable Discharge Certificate, and an enlistment
record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 27 October 1932, the date of the FSM's death.  The
application submitted in this case is dated 17 May 2005.

2.  The applicant’s 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
applicant’s records were lost or destroyed in  that  fire.   However,  there
were sufficient documents remaining in a reconstructed record for the  Board
to conduct a fair and impartial review of this case.

3.  The newspaper article provided by the applicant shows that the FSM was
assigned to Company I of the 361st Infantry.  It also shows that "after 15
days fighting in Argonne, the FSM was wounded by a machine gun bullet which
pierced his back and shoulder and paralyzed his left arm".

4.  The applicant's official military personnel file contains a letter from
the Letterman General Hospital located at the Presidio of San Francisco.
This letter is signed by a medical corps officer and is dated 28 July 1919.
 This letter shows that the FSM was admitted on 20 February 1919 for
gunshot wounds incurred while in action at Argonne Woods, France on 7
October 1918.

5.  The applicant's records show he enlisted in the Army on 3 April 1918
and was honorably discharged on 7 August 1919.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to the award of the
Purple Heart for wounds received during World War I.

2.  The newspaper article shows that the FSM was wounded during World War
I.

3.  The hospital records show that he was treated for his wounds and
subsequently honorably separated.

4.  A preponderance of evidence in this case shows that the FSM was wounded
as a result of hostile action during World War I and was treated for these
wounds.  This evidence clearly shows that the FSM met the criteria for
award of the Purple Heart.

BOARD VOTE:

__kan___  __wdp___  __mjnt__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

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 to
show award of the Purple Heart for wounds received on 7 October 1918, while
serving in WWI in the rank of private.



                                        Kathleen A. Newman
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011553                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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