RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  25 October 2007
	DOCKET NUMBER:  AR20070009137 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Mr. Scott W. Faught

Member

Mr. Roland S. Venable

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 requests her deceased father, a former service member (FSM), be awarded the Purple Heart

2.  The applicant states that her father received wounds on 8 October 1918 and that the National Personnel Records Center (NPRC) was unable to verify her father's entitlement to the Purple Heart. 

3.  The applicant provided the FSM's Enlistment Record; Honorable Discharge from the United States Army; Clinical Records; the FSM’s Death Certificate; her Certificate of Live Birth; and the NPRC letter, dated 25 April 2007, in support of her application.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests the FSM be awarded the Purple Heart.

2.  Counsel states that the FSM enlisted in the Army in July 1917 and was discharged in 1921.  During his military service, he served in the American Expeditionary Force during World War I (WWI) and that he received a gunshot wound to the middle of his right thigh as a result of enemy action on 8 October 1918.  Counsel further states that the FSM may also be entitled to the Army of Occupation Medal for WWI.

3.  Counsel is presumed to have assisted the applicant in providing the above additional documentary evidence, in support of her application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The FSM's complete military records are not available 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, those remaining documents together with the applicant's submitted documents were sufficient in a reconstructed record to conduct a fair and impartial review of this case.

3.  The FSM's available records show that he entered the Army on 24 July 1917 in the city of Chattanooga, Tennessee.  He was promoted to corporal on 16 October 1917.  He was honorably discharged from military service of the United States on 3 December 1918.

4.  Documents show the FSM served with the American Expeditionary Forces in Belgium and France during the period 28 July 1918 through 8 October 1918.

5.  The FSM's record also shows that he received a gunshot wound to his right thigh.

6.  The FSM's Medical Department Form 55c (Clinical Record-History of Present Disease) shows that, on 18 October 1918, he received a gunshot wound to the right, middle thigh.  After being wounded, the FSM received military medical treatment and was medically evacuated to a General Hospital in England.

7.  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.

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 been treated by military medical personnel, and the medical treatment must have been made a matter of official records.

9.  The FSM’s records show that he is entitled to additional awards that are not listed on his records.

10.  The World War I Victory Medal was established by War Department General Order 48, 1919.  The medal is awarded for service between 6 April 1917 and 11 November 1918 or with either of the following expeditions:  (1) American Expeditionary Forces in European Russia between 12 November 1918 and 5 August 1919 or (2) American Expeditionary Forces Siberia between 23 November 1918 and 1 April 1920.  Battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal. The record shows the FSM is entitled to the Cambrai Battle Clasp.

11.  Paragraph 6-16 of Army Regulation 600-8-22 states that the World War I Victory Button is a five-pointed star 5/8-inch in diameter on a wreath with the letters "U.S." in the center.  For persons wounded in action, the lapel button is silver; for all others, the lapel button is bronze.  Eligibility requirements are the same for the World War I Victory Medal.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's records contain sufficient evidence showing that the he was wounded as a result of hostile action, was treated by military medical personnel, and the medical treatment was made a matter of official records.  Therefore, the FSM is entitled to award of the Purple Heart and correction of his records to show this award.

2.  The FSM's records show that he served during the period 24 July 1917 through 3 December 1918.  Therefore, he served a qualifying period and is entitled to award of the World War I Victory Medal with Cambrai Battle Clasp, as well as the World War I Victory Button and correction of his military records to show these items.

BOARD VOTE:

__lds___  __swf___  __rsv___  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 by:

	a.  award the FSM the Purple Heart for a gunshot wound sustained on 18 October 1918, the World War I Victory Medal with Cambrai Battle Clasp, and the World War I Victory Button (Silver);

	b.  issuing an appropriate document to show the FSM was awarded the Purple Heart, the World War I Victory Medal with Cambrai Battle Clasp, and the World War I Victory Button (Silver).



							Linda D. Simmons
	______________________
          		CHAIRPERSON




INDEX

CASE ID
AR20070009137
SUFFIX

RECON

DATE BOARDED
20071025
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.