IN THE CASE OF:	  

		BOARD DATE:	    9 March 2010

		DOCKET NUMBER:  AR20090011270 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the records of her deceased father, a former service member (FSM), be corrected to show he earned the following awards as a result of his service during World War I (WWI):  

	a.  Purple Heart

	b.  WWI Victory Medal with four service stars

	c.  WWI Victory Button (silver)

	d.  Army Service Clasp for service in France

	e.  Army Battle/Campaign Clasp

	f.  Army of Occupation of Germany Medal

2.  The applicant states she would like to put together a memorial of her father's military honors.  She also states that her father was believed to have advanced into Germany with the 78th Infantry Division after the battle of the 
Meuse-Argonne Forest.

3.  The applicant provides a United States Veterans Bureau Medical Division Certificate of Injury, Honorable Discharge Certificate, Enlistment Record, Certificate of Death, and, a Certificate of Birth Registration in support of this 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, there are sufficient documents remaining in the NPRC file or provided by the applicant for the Board to conduct a fair and impartial review of this case.  

3.  The FSM's Enlistment Record shows he was inducted into the Army on 1 April 1918, and was honorably discharged from the military service of the United States in the rank of private first class on 27 February 1919.  The dates of the FSM's service in Europe during WWI are not available.

4.  The battles, engagements, skirmishes, and expeditions section of the FSM's Enlistment Record shows the entry "St. Mihiel, Argonne Forest" and the wounds received in the service section of this document shows the entry "Gassed, October 18, 1918, Argonne."

5.  A Certificate of Injury shows that at the time of his discharge from the service, the FSM was suffering from the effects of absorption of deleterious gas by inhalation.  The incident was determined to be in line of duty.

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 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.


7.  Army Regulation 600-8-22 (Military Awards) provides 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.  Injuries caused by enemy released chemical, biological, or nuclear agent are examples which clearly justify award of the Purple Heart.

8.  The WWI Victory Medal was established by War Department General Order 48, dated 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 WWI Victory Medal. 

9.  Army Regulation 600-8-22, paragraph 6-16, states that the WWI 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.

10.  Paragraph 6-6 of Army Regulation 600-8-22 governs, in pertinent part, clasps which may be worn on the World War I Victory Medal.  Battle Clasps are authorized for participation in named campaigns as follows:

	a.  Cambrai.

   b.  Somme, Defensive.

	c.  Lys.

	d.  Aisne.

	e.  Montdidier-Noyon.

	f.  Champagne-Marne.

	g.  Aisne-Marne.

	h.  Somme, Offensive.

	i.  Oise-Aisne.
	j.  Ypres-Lys.

	k.  St. Mihiel

	l.  Meuse-Argonne.

	m.  Vittorio-Vinetto.

	n.  Defensive Sector.

11.  Paragraph 6-6 of Army Regulation 600-8-22 governs, in pertinent part, service clasps which may be worn on the World War I Victory Medal.  The following service clasps are authorized for service in the following countries:  

	a.  England.

	b.  France.

	c.  Italy

	d.  Russia

	e.  Siberia.

12.  Paragraph 6-7 of Army Regulation 600-8-22 authorizes award of bronze service stars to be worn on the World War I Victory Medal.  Based on unit participation in designated campaigns, the members of the unit are authorized to wear a bronze service star to be affixed to the appropriate campaign ribbon for each campaign.  

13.  Army Regulation 600-8-22, paragraph 5–18 states that the Army of Occupation of Germany Medal was established by the act of 21 November 1941, (55 Stat. 781).  It is awarded for service in Germany or Austria-Hungary between 
12 November 1918 and 11 July 1923.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's Enlistment Record shows he suffered an injury while in the service due to being "gassed" on 18 October 1918 while in Argonne, France, and a Certificate of Injury shows that at the time of his discharge from the service he was suffering from the effects of absorption of deleterious gas by inhalation.  Based on the supporting documents, it is reasonable to presume the gas injury 
sustained by the FSM in the Argonne was the result of enemy action.  Therefore, in the interest of equity and justice it would be appropriate to err in favor of the FSM and to award him the PH.  

2.  The FSM's records show that he served during the period 1 April 1918 to 
27 February 1919.  Therefore, he served a qualifying period and is eligible for the WWI Victory Medal as well as the WWI Victory Button (Silver) and to correct the remaining file to show these awards.

3.  The applicant is also requesting the FSM be awarded four service stars to be worn on the WWI Victory Medal.  However, the available documents verify only his participation in the St. Mihiel and Meuse-Argonne campaigns and as a result, it would only be appropriate to show his eligibility for 2 service stars to be worn on the WWI Victory Medal. 

4.  Based on his participation in the St. Mihiel and Meuse-Argonne campaigns, it is clear the FSM served in France.  Therefore, he is eligible for the service clasp inscribed "France."  There is no documentation or information available that would confirm he serve in Germany, Austria or Hungary.  As a result, there is insufficient evidence to support award of the Army of Occupation of Germany Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X_____  ___X____  ___X___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the FSM the Purple Heart for being wounded in action in France during World War I; by showing he is eligible for the World War I Victory Medal with France Service Clasp, Meuse-Argonne Battle Clasp, and 2 bronze service stars and the World War I Victory Button (Silver).

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to additional service stars and the Army of Occupation of Germany Medal.  



      _______ _   X_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20090011270



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ABCMR Record of Proceedings (cont)                                         AR20090011270



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