RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070009264 


	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

Mrs. Nancy L. Amos

Analyst

The following members, a quorum, were present:


Mr. Eric N. Andersen

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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 former service member (FSM), requests that the FSM be awarded the Purple Heart and any other applicable medals.

2.  The applicant states that his father was always sick when he came back from World War I.  His discharge document shows he was in the Battle of the Argonne Forest for only one day, the day the FSM said he was wounded and gassed.  The FSM also received the Accolade from President Wilson to show he was wounded.  

3.  The applicant provides his birth certificate; the FSM’s death certificate; the FSM’s Honorable Discharge and Enlistment Record; and a copy of a certificate featuring the etching, “Columbia Gives to Her Son the Accolade of the New Chivalry of Humanity.”

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 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 sufficient documents, consisting of the evidence provided by the applicant and the FSM’s final payment record, for the Board to conduct a fair and impartial review of this case.  

3.  The FSM was inducted into the Army on 4 October 1917.  His Honorable Discharge and Enlistment Record shows he served in the Battle of Soissons from 18 to 23 July 1918, the Battle of St. Mihiel from 12 to 15 September 1918, and the Battle of the Argonne Forest on 9 October 1918.  It does not show that he received any wounds.  It does show that he served with the Army of Occupation, Germany.  He was honorably discharged on 23 August 1919.
4.  The FSM died on 15 June 1929.

5.  The applicant provided a copy of a certificate featuring the etching, “Columbia Gives to Her Son the Accolade of the New Chivalry of Humanity.”  This certificate shows that the FSM served with Company B, 16th Infantry with honor in the World War and was wounded in action.  

6.  The Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders 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 a wound as a result of hostile action.

7.  The etching, “Columbia Gives to Her Son the Accolade of the New Chivalry of Humanity,” was drawn and designed by a well-known artist of the day at the special request of President Woodrow Wilson.  It was used as the central design on a certificate which was presented to every Soldier, sailor, and marine who had been wounded in action during honorable service in World War I.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  In pertinent part, it provides for award of the World War I Victory Medal for service between 6 April 1917 and     11 November 1918.

9.  Army Regulation 600-8-22 provides for award of the Army of Occupation       of Germany Medal for service in Germany or in Austria-Hungary between          12 November 1918 and 11 July 1923.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contended the FSM was wounded during the Battle of the Argonne Forest, which the FSM’s Honorable Discharge and Enlistment Record shows he participated in on 9 October 1918.  

2.  The FSM’s Honorable Discharge and Enlistment Record does not show that he received any wounds.  However, the applicant provided a copy of a certificate the FSM received, featuring the etching, “Columbia Gives to Her Son the Accolade of the New Chivalry of Humanity,” and that shows the FSM was wounded in action.  Given this conflicting evidence, any reasonable doubt concerning whether the FSM was wounded in action should be resolved in his favor.  Therefore, he should be awarded the Purple Heart for wounds received on 9 October 1918.  

3.  The FSM’s Honorable Discharge and Enlistment Record shows he served with the Army of Occupation, Germany.  Therefore, it appears he is eligible for award of the Army of Occupation of Germany Medal.  He also met the eligibility criteria for award of the World War I Victory Medal.  His records should also be corrected to show he was awarded these two awards.

BOARD VOTE:

__ena___  __dll___  __rmn___  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.  awarding him the Purple Heart for wounds received on 9 October 1918; and

     b.  correcting his records to show he was awarded the Purple Heart, the Army of Occupation of Germany Medal, and the World War I Victory Medal.




__Eric N. Andersen____
          CHAIRPERSON




INDEX

CASE ID
AR20070009264
SUFFIX

RECON

DATE BOARDED
20071120
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
107.0015
2.

3.

4.

5.

6.