IN THE CASE OF:	  

		BOARD DATE:	  16 December 2010

		DOCKET NUMBER:  AR20100015988 


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, the son of a deceased former service member (FSM), requests that his father be posthumously awarded the Purple Heart for wounds sustained during World War I (WWI).

2.  The applicant states the FSM's discharge document clearly shows he received shrapnel wounds to his left side during the war and contends that this is proof which warrants posthumously awarding the FSM the Purple Heart. 

3.  He provides the following documents:

* A copy of the FSM’s Enlistment Record
* A copy of Form Number 525 AGO (Honorable Discharge from the United States Army)
* A copy of the FSM’s Certificate of Death
* A copy of his (son's) Certificate of Birth

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 were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.  

3.  A copy of the FSM's Enlistment Record shows he enlisted in the Army on 
29 May 1918 in New York City, NY and he served overseas in the Vogas Sector of the Western Front during WWI.  This document also credits him with participation in the Meuse Argonne Offensive campaign on 29 September 1918.  

4.  The same document also shows the FSM received shrapnel wounds to his left side and he was awarded the silver lapel button for these wounds.  The exact date the wounds occurred is not available to this Board. 

5.  A copy of his Form Number 525 AGO shows he was assigned to Company M, 321st Infantry, 81st Infantry Division and he was honorably discharged on 19 July 1919. 

6.  A review of the FSM's personnel records indicates he is entitled to additional awards which are not shown on his separation document.

7.  Army Regulation 600-8-22 (Military Awards) states, in pertinent part, the Purple Heart is awarded for 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.

8.  Paragraph 2-8d of Army Regulation 600-8-22 governs award of the Purple Heart authorized for wounds sustained during World War I to any member of the Army, who during World War I, was awarded a Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons.


9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War I Victory Medal.  It was awarded for service between 6 April 1917 and 11 November 1918.

10.  Army Regulation 600-8-22 authorizes award of battle clasps and service clasps.  The battle clasps are authorized for wear on the World War I Victory Medal to identify campaign participation credit.  The service clasps are also authorized for wear on the World War I Victory Medal with the name of the country which the service was performed.

DISCUSSION AND CONCLUSIONS:

1.  He contends his late father, the FSM, should be awarded the Purple Heart for wounds received during WWI.

2.  Evidence clearly shows the FSM received shrapnel wounds to his left side.  It is reasonable to presume the FSM received medical treatment for his wounds.  Therefore, the FSM is entitled to a posthumous award of the Purple Heart for wounds sustained during World War I.

3.  Evidence shows the FSM is entitled to award of the World War I Victory Medal with battle Clasps for the Meuse-Argonne campaign.  He is also entitled to a service Clasp for France.  As a result, his Form Number 525 AGO should be corrected 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.  posthumously awarding the FSM the Purple Heart for wounds received during World War I in 1918; and
   b.  adding the Purple Heart and a World War I Victory Medal with Battle Clasps for Meuse-Argonne and a service Clasp for France to the FSM’s Form Number 525 AGO.



      _______ _   _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)                                         AR20100015988



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ABCMR Record of Proceedings (cont)                                         AR20100015988



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