IN THE CASE OF:	  

		BOARD DATE:	  3 November 2011

		DOCKET NUMBER:  AR20110010071 


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

2.  The applicant states the FSM was shot by a machine gun in the right shoulder on 22 July 1918 near Soissons, France during World War I (WWI).

3.  The applicant provides:

* a self-authored statement
* a copy of the FSM's AGO Form 525 (Honorable Discharge from the Army of the United States), dated 14 August 1919
* Enlistment Record
* Certificate of Naturalization
* Death Certificate
* Birth and Marriage Certificates

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, Enlistment Record, and Certificate of Naturalization.  His record shows the FSM entered active duty in the Army on 6 May 1917 in Minneapolis, Minnesota.  He served as a member of the American Expeditionary Force during WWI with Battery E,     12th Field Artillery, from 11 January 1918 to 6 August 1919 and participated in the  Aisne-Marne, St. Mihiel, and Meuse-Argonne campaigns.  

4.  His Honorable Discharge and Enlistment Record indicate he was discharged from the Army on 14 August 1919 and had attained the rank of private first class.

5.  Records show the FSM was wounded during his service in WWI.  The FSM's Enlistment Record shows the entry "July 22, 1918 machine gun bullet right shoulder" under "Wounds Received in Service."  The FSM’s Certificate of Naturalization also includes the statement “wound in right shoulder.”

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

7.  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.  

8.  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.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the       WWI 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 WWI Victory Medal.  Furthermore, paragraph 6-15a of Army Regulation 600-8-22 states, in pertinent part, that the Silver WWI Victory Button is issued to persons wounded in action during WWI and the Bronze WWI Victory Button is awarded to all others.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's Enlistment Record shows he was wounded by a machine gun bullet to the right shoulder while serving in WWI.  In addition, he received a Silver WWI Victory Button which was issued to persons wounded in action.  Therefore, the FSM is entitled to a posthumous award of the Purple Heart and correction of his records to show this award. 

2.  The FSM's records show he served for a qualifying period of service for award of the WWI Victory Medal and three Battle Clasps for the Aisne-Marne, St. Mihiel, and Meuse-Argonne 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.  posthumously awarding the FSM the Purple Heart for wounds sustained on 22 July 1918;
	
   b.  issuing the applicant, as the next of kin to the FSM, the Purple Heart and the WWI Victory Medal with three Battle Clasps for the Aisne-Marne, St. Mihiel, and Meuse-Argonne campaigns; and

	c.  adding the Purple Heart and the WWI Victory Medal with three Battle Clasps for the Aisne-Marne, St. Mihiel, and Meuse-Argonne 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)                                         AR20110010071



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110010071



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1