BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100007959 


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

2.  The applicant states his father was wounded in action on 20 April 1918 during World War I (WWI). 

3.  The applicant provides the following documents:

* FSM's AGO Form 740-C (Extract from Discharge Certificate of Enlisted Man to Secure Victory Medal)
* FSM's AGO Form 740-C (Extract from Discharge Certificate of Enlisted Man to Secure Victory Button - Silver)
* The applicant's birth certificate
* FSM's death certificate
* Applicant's mother's death certificate
* FSM's AGO Form 525 (Honorable Discharge from the Army of the United States)
* FSM's Enlistment Record
* An extract from The Vermonter State Magazine

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 and consist of his Honorable Discharge, Enlistment Record, and Extracts from his Discharge Certificate.  

3.  The available evidence shows the FSM enlisted in the Army and entered active duty on 2 April 1917 at Fort Ethan Allen, VT.

4.  He served as a member of the American Expeditionary Force during WWI with Company B, 102nd Machinegun Battalion, from 23 September 1917 to 17 April 1918.  He was held as a prisoner of war (POW) from 20 April 1918 to 11 November 1918.  He participated in the following battles, engagements, skirmishes, or expeditions:

* Chemines, des Dames Sector, 7 February to 18 March 1918
* Toul Sector (Seicherprey), 20 April 1918

5.  His Honorable Discharge and Enlistment Record indicates he was discharged from the Army on 29 April 1919 at Camp Devens, MA, by reason of demobilization order from the War Department. 

6.  Records show the FSM was wounded in action on 20 April 1918.  

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 Vermonter State Magazine showing the crest of the Vermont Army National Guard and a photograph of U.S. POW Soldiers being taken by the enemy.


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.  

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.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the POW Medal.  The regulation states that the POW Medal was authorized on 8 November 1985 and it is awarded to individuals who in past armed conflicts were taken prisoner or held captive.

13.  Army Regulation 635-5 (Separations Document) establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country, and dates of capture and release will be entered in the "Remarks" section of the discharge document.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his father's records should be corrected to show award of the Purple Heart. 

2.  The FSM's Enlistment Record shows he was wounded in action on 20 April 1918.   Therefore, the FSM is entitled to a posthumous award of the Purple Heart and correction of his records to show this award. 
3.  The FSM's records show was wounded while a member of the American Expeditionary Force.  Therefore, the FSM is entitled to correction of his records to show award of the World War I Victory Medal with Silver Button  

4.  The evidence of record shows the FSM was held in a POW status from 
20 April to 11 November 1918.   Therefore, the FSM is entitled to award of the POW Medal and correction of his records to show this award as well as his POW status.

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 showing the FSM is entitled to the following awards:

* Purple Heart 
* POW Medal
* World War I Victory Medal with Silver Button
* An entry to his records that shows "Prisoner of War: Company B, 102nd Machinegun Battalion, Germany/France, from 20 April to 11 November 1918"



      __________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)                                         AR20100007959



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)