BOARD DATE:	  29 June 2010

		DOCKET NUMBER:  AR20100000710 


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 the records of her late grandfather, a former service member (FSM), be corrected to show he was awarded the Purple Heart.

2.  The applicant states her grandfather was wounded during World War I (WWI) but the Purple Heart was never added to his service records.

3.  The applicant provides the following documents:

* A copy of the FSM's AGO Form 525 (Honorable Discharge from the Army of the United States), dated 28 August 1919
* An extract from the Official Roster of Ohio Soldiers, Sailors, and Marines in the World War, 1917-1918
* A copy of the FSM's death certificate
* A copy of her and her father's (the FSM's son) birth certificates
* A copy of a letter, dated 15 January 2010, from the National Personnel Records Center

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 were 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 his records were lost in that fire.  The primary records available are those provided by the applicant.

3.  The FSM's record consists only of his Honorable Discharge and Enlistment Record.  This record shows the FSM entered active duty in the Army on 20 September 1917 in Greeneville, OH.  

4.  He served as a member of the American Expeditionary Force during WWI with Company K, 30th Infantry, from 2 April 1918 to 25 August 1919 and participated in the Aisne Defensive, Aisne-Marne, St. Mihiel, Meuse-Argonne, and Champagne-Marne campaigns.  His record shows he attained the rank of Private.

5.  His Honorable Discharge and Enlistment Record indicates he was discharged from the Army on 28 August 1919 due to expiration of his term of service.

6.  Records show that the FSM was wounded during his service in WWI.  The FSM's Enlistment Record shows the entry "Shrapnel in back, 24 July 1918" and "Shrapnel to right leg and hip on 4 October 1918" under "Wounds Received in Service."  

7.  His Honorable Discharge and Enlistment Record also shows he was issued a Silver Victory Button.  However, he was not issued any decorations, medals, badges, or citations.

8.  The applicant submitted an extract from the Official Roster of Ohio Soldiers, Sailors, and Marines in the World War, 1917-1918.  This roster lists the FSM as having been slightly wounded on 24 July 1918 and severely wounded on 4 October 1918.

9.  Army Regulation 600-8-22 (Military Awards) states 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 required treatment, and the medical treatment must have been made a matter of official record.  A Purple Heart is authorized for the first wound suffered, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon.

10.  Paragraph 2-8d of Army Regulation 600-8-22 governs award of the Purple Heart authorized for wounds sustained during WWI.  In pertinent part, this paragraph authorizes award of the Purple Heart to any member of the Army, who during WWI, was awarded the Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War I Victory Medal for service between 6 April 1917 and 11 November 1918.  This document also shows that battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal.  Furthermore, paragraph 6-15a of Army Regulation 600-8-22 states, in pertinent part, that the Silver World War I Victory Button is issued to persons wounded in action during WWI and the Bronze World War I Victory Button is awarded to all others.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her grandfather's records should be corrected to show award of the Purple Heart. 

2.  The FSM's Enlistment Record shows he was wounded on two occasions while a member of the American Expeditionary Force.  He was slightly wounded on 24 July 1918 and he was severely wounded on 4 October 1918 as a result of hostile action during his service in WWI.  Therefore, the FSM is entitled to a posthumous award of the Purple Heart (1st Oak Leaf Cluster) and correction of his records to show both awards. 

3.  The FSM's records show was wounded while a member of the American Expeditionary Force.  Therefore, the FSM is entitled to issuance of the World War I Victory Medal.  He is also entitled to award of the World War I Victory Medal with Battle Clasps for the Aisne, Aisne-Marne, St. Mihiel, Meuse-Argonne, and Champagne-Marne campaigns and correction of his records to show these awards.


BOARD VOTE:

___x____  ___x_____  ____x__  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.  showing the FSM was posthumously awarded the Purple Heart for wounds sustained on 24 July 1918;

	b.  showing the FSM was posthumously awarded the Purple Heart (1st Oak Leaf Cluster) for wounds sustained on 4 October 1918;

	c.  issuing the applicant, as the next of kin to the FSM, the posthumous award of the Purple Heart (1st Oak Leaf Cluster) and the World War I Victory Medal with Battle Clasp for the Aisne, Aisne-Marne, St. Mihiel, Meuse-Argonne, and Champagne-Marne campaigns; and

	d.  adding the Purple Heart (1st Oak Leaf Cluster) and the World War I Victory Medal with Battle Clasp for the Aisne, Aisne-Marne, St. Mihiel, Meuse-Argonne, and Champagne-Marne campaigns to his AGO Form 525.



      _______ _   _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)                                         AR20100000710





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)