IN THE CASE OF:
BOARD DATE: 20 March 2012
DOCKET NUMBER: AR20110019542
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 his deceased father, a former service member (FSM), be awarded the Purple Heart.
2. The applicant states his father was wounded in action on 8 October 1918 during World War I (WWI). He learned from an article in the Veterans of Foreign War magazine that the Purple Heart can be awarded posthumously as it did not exist during WWI.
3. The applicant provides the following:
* FSM's Enlistment Record
* FSM's death certificate
* Applicant's birth certificate
* War Department Form Number 371 (Final Payment Roll)
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 applicants 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 applicants 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 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. The FSM's reconstructed records show he enlisted in the Army and entered active duty on 26 July 1917 at Hastings, NE.
4. His discharge certificate shows his last duty assignment was with what appears to be Company M, 125th Infantry Regiment from 29 June 1918 to 2 April 1919. He participated in the following battles, engagements, skirmishes, or expeditions in France:
* Juvignay - 30 August 1918
* Gesnes - 8 October 1918
5. Records show the FSM was wounded in action on 8 October 1918.
6. He was honorably discharged on 11 April 1919 at Camp Dodge, IA.
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 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 FSM's Enlistment Record shows he was wounded in action on 8 October 1918. Therefore, the FSM is entitled to a posthumous award of the Purple Heart and correction of his records to show this award.
2. He was wounded while a member of the 125th Infantry Regiment. Therefore, the FSM is entitled to correction of his records to show award of the World War I Victory Medal with Silver Button
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:
* Awarding the FSM the Purple Heart for wounds received in action in World War I on 8 October 1918
* Adding an entry to his records to show the Purple Heart and World War I Victory Medal with Silver Button
_______ _ 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) AR20110019542
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ABCMR Record of Proceedings (cont) AR20110019542
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