BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110024294 


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, that the records of her deceased uncle, a former service member (FSM), be corrected to show award of the Purple Heart. 

2.  The applicant states the Purple Heart was not awarded to the FSM when he was wounded on 5 October 1918, while serving with Company B, 130th Infantry.

3.  The applicant provides copies of:

* FSM's 14 November 1918 letter
* FSM's Enlistment Record
* FSM's Form Number 525 (Honorable Discharge Certificate)
* Extract from "Otter Tail County Minnesota in the Word War"
* her 21 October 2011 letter clarifying the FSM's first name
* Army Review Boards Agency 8 November 2011 letter
* Notarized copies of her birth registration and marriage certificate
* Family Group Sheet
* confirmation note from The Bible
* documents concerning the FSM's funeral services

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient available documents for the Board to conduct a fair and impartial review of this case.

3.  The FSM's available record consists only of his Honorable Discharge and Enlistment Record.  This record shows the FSM entered active duty in the Army on 24 February 1918 at Kenning, MN.  

4.  His Enlistment Record shows in:

	a.  Battles, Engagements, Skirmishes and Expeditions:  Argonne-Meuse Offensive October 1918, Belgian Sector August 1918,

	b.  Wounds Received in Action;  GSW (Gunshot Wound) 5 October 1918,

	c.  Remarks:  "Served in France from 24 May 1918 to 30 January 1919.  Left U.S. 16 May 1918.  Arrived in U.S. 11 February 1919.  Served in I Company 351st Infantry from 26 February 1918 to 6 April 1918, and Company B, 130th Infantry from 6 April 1918 to 5 October 1918.  Hospital 5 October 1918 to
19 February 1919.  No AWOL or absence under G.O 31/18 or 45/14.  Entitled to travel pay to Kenning, Minnesota. 

5.  He was honorably discharged on 27 February 1919, by reason of Convenience of the Government, per paragraph 17, Special Orders 54, Headquarters, Camp Grant, Illinois, dated 23 February 1919.  He was last assigned to Company B, 130th Infantry.

6.  There are no orders or other evidence showing the FSM was awarded the Purple Heart.  



7.  The applicant provided The Extract from "Otter Tail County Minnesota in the Word War.  An Illustrated Historical Record of the people from Otter Tail County, Minnesota, who participated in the World War, both at home and abroad in the years 1917, 1918, and 1919.  With General John J. Pershing's official Report of the Activities of the American Expeditionary Forces in France, and a complete summarized history of the World War since August 1914.  Published in 1919 by the Lundeen Publishing Company, Fergus Falls, Minnesota "  The extract shows the FSM entered service February 1918, went to Camp Dodge, Iowa, and transferred to Camp Union, NY.  Overseas May 1918.  Member of Company B, 130th Infantry.  Saw active service on the Verdun and Meuse-Argonne fronts.  Wounded 27 October 1918, on the Meuse-Argonne front.  Mustered out of the service 27 February 1919 at Camp Grant, IL.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained while in action against an enemy or 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 by medical personnel, and the medical treatment must have been made a matter of official record.

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 applicant requests the FSM's records be corrected to show award of the Purple Heart because he was wounded during World War I on 5 October 1918, while serving with Company B, 130th Infantry.

2.  The available evidence shows the FSM received a gunshot wound on
5 October 1918 and was in the hospital from 5 October 1918 to 19 February 1919.  He sent a letter to his sister, dated 14 November 1918, stating he was still in the hospital and the wound was healing nicely.

3.  The FSM died 24 June 1952.  Therefore, he is entitled to a posthumous award of the Purple Heart.
 
4.  The FSM's service qualifies him for issuance of the World War I Victory Medal.  He is also entitled to award of a Battle Clasp for the Meuse-Argonne campaign and a Service Clasp for service in France for wear on the World War I Victory Medal. 

5.  His records 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.  showing the FSM was posthumously awarded the Purple Heart for wounds sustained on 5 October 1918;

	b.  issuing the applicant, as the next of kin to the FSM, the posthumous award of the Purple Heart  and the World War I Victory Medal with Battle Clasp for the Meuse-Argonne campaign and a Service Clasp for service in France; and

	c.  adding the Purple Heart and the World War I Victory Medal with Battle Clasp for the Meuse-Argonne campaign and a Service Clasp for service in France to his records.




      _______ _  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)                                         AR20110024294



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ABCMR Record of Proceedings (cont)                                         AR20110024294



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