RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 November 2005
      DOCKET NUMBER:  AR20050003134


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard, Jr.         |     |Chairperson          |
|     |Mr. John Infate                   |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 in a letter that the FSM was wounded in a battle
and to his knowledge, his father never applied for the Purple Heart when it
was reinstated in 1932.

3.  The applicant provides ten pages of reproduced burned service records;
a one-page letter, dated 22 February 2005; an undated one-page letter; and
a copy of a State of Missouri Certificate of Birth, filed on 18 August
1932.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 August 1919, the date of the FSM’s separation from active
duty.  The application submitted in this case is dated 20 February 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The FSM’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 FSM’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.

4.  The FSM's service records show he enlisted in the Iowa National Guard
on 21 June 1916 and that he served overseas for the period 17 November 1917
through 13 June 1919.  The FSM was honorably discharged on 18 August 1919.



5.  The FSM's service records contain a Form 52, Medical Department U.S.
Army, which shows he was admitted to Base Hospital 27 A.E.F. [American
Expeditionary Force] on 29 September 1918.  Item 13 (Cause of Admission) of
this form shows the FSM received a gunshot wound to his left chest on
27 September 1918, which was classified as in action and in the line of
duty.

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Purple Heart is awarded for 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.

7.  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 a Meritorious Service
Citation Certificate signed by the Commander-in-Chief, American
Expeditionary Forces, or who was authorized to wear wound chevrons.

8.  Review of the FSM's personnel records indicates that he is entitled to
additional awards that are not shown on his separation document.

9.  The applicant submitted a copy of the FSM's discharge document which
shows he participated in the Ypres-Lys and the Meuse-Argonne campaigns.

10.  The applicant submitted a copy of WWC Form No. 1 (Application for
Adjusted Compensation for Service in the Army) which shows the FSM served
overseas in France during the period 17 November 1917 through 1 June 1919.

11.  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.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of
battle clasps and service clasps.  The battle clasps are authorized for
wear on the World War I Victory Medal to identify campaign participation
credit.  The service clasps are also authorized for wear on the World War I
Victory Medal with the name of the country which the service was performed.



13.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
World War I Victory Button.  It is awarded for service between 6 April 1917
and 11 November 1918.  A silver lapel button was awarded to individuals who
were wounded in action and a bronze lapel button was awarded to all others.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his late-father, the FSM, be awarded the
Purple Heart for wounds received on 27 September 1918.

2.  Evidence clearly shows the FSM received a gunshot wound to his chest on
27 September 1918 and received medical treatment.

3.  There is no indication that the FSM was awarded wound chevrons.
However, based on the foregoing, there is conclusive evidence to show that
the FSM was wounded as a result of hostile action during World War I.
Therefore, the FSM is entitled to a posthumous award of the Purple Heart
for wounds sustained during World War I.

4.  Evidence shows that the FSM is entitled to award of the Silver World
War I Victory Button and the World War I Victory Medal with Battle Clasps
for Ypres-Lys and Meuse-Argonne and with a Service Clasp for France.
Therefore, the FSM's service records should be corrected to show these
awards.

5.  Records show the applicant should have discovered the error or
injustice now under consideration on 18 August 1919, the date of his
separation from active duty.  The ABCMR was not established until 2 January
1947.  Therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 1 January 1950.  Although
the applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file in this case based on the fact
there is no statute of limitations on requests for award of the Purple
Heart.

BOARD VOTE:

_CD____  _JI______  _TDH___  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 and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Purple Heart for
wounds received on 27 September 1918, a Silver World War I Victory Button,
and a World War I Victory Medal with Battle Clasps for Ypres-Lys and Meuse-
Argonne and with a Service Clasp for France.




                                _Thomas D. Howard, Jr._
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003134                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  61   |107.0015/PH                             |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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