IN THE CASE OF:	  

		BOARD DATE:	  19 June 2012 

		DOCKET NUMBER:  AR20110024568 


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, in effect, correction of the FSM's military records to show all the decorations and medals he is authorized.

2.  The applicant states to see item 17 of the application for what he is requesting; however, this item is located on the reverse side of the form which was not received.

3.  The applicant provides:

* a Standard Form 180 (Request Pertaining to Military Records), dated
24 August 2011
* a letter from The Adjutant General, Washington, D.C., dated 14 December 1918
* the FSM's Certification of Military Service, dated 19 August 1983
* Form No. 525 (Honorable Discharge from the United States Army), dated 12 April 1919
* the FSM's Enlistment Record, dated 12 April 1919
* the FSM's Department of Veterans Affairs Identification Claim Card
* a page titled "Dakota County in the World War"
* the FSM's Certificate of Death, issued on 23 July 1965
* his Record of Birth, filed on 19 November 1926


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 applicant's records were lost or destroyed in that fire.  However, the documents provided by the applicant are sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM's one-page Enlistment Record indicates the FSM:

	a.  enlisted or was inducted into the Army on 26 February 1918;

	b.  was a member of the American Expeditionary Forces, Ypres Sector; and participated in campaigns, engagements, skirmishes, or expeditions for Bellicourt, Busigny, and St. Souplet, France;

	c.  did not receive any wounds; and

	d.  left the United States for France on 12 May 1918 and returned to the United States in April 1919.

4.  The FSM's Honorable Discharge Certificate indicates he served with Company I, 119th Infantry Regiment and he was discharged on 12 April 1919.

5.  On 14 December 1918, The Adjutant General wrote a letter to the FSM's father, wherein he stated that the FSM had been slightly wounded in action about 16 October 1918.


6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  The Purple Heart is awarded to a member of the Armed Force or any civilian national of the United States who, while serving in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may die after being wounded in any action against an enemy of the U.S.  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.

	b.  The World War I Victory Medal was established by War Department General Order 48, 1919.  The medal is awarded for service between 6 April 1917 and 11 November 1918.  Bronze battle (service) stars and service clasps are authorized appurtenances to be worn on the World War I Victory Medal.

		(1)  The campaigns are as follows:

* Cambrai
* Somme, Defensive
* Lys
* Aisne
* Montdidier-Noyon
* Champagne-Marne
* Aisne-Marne
* Somme, Offensive
* Oise-Aisne
* Ypres-Lys
* St. Mihiel
* Meuse-Argonne
* Vittorio-Veneto
* Defensive Sector

		(2)  The service clasp is a bronze bar with the name of the country which the service was performed inscribed thereon.  The service clasps authorized are as follows:

* England
* France
* Italy
* Russia
* Siberia

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM was wounded in action on or about
16 October 1918.  Therefore, the FSM should be posthumously awarded the Purple Heart for wounds received in action on 16 October 1918 and correction of his records to show this award.

2.  The available evidence shows the FSM served in France during World War I between May 1918 and April 1919.  Furthermore, the evidence shows he participated in several battles, to include in the Ypres Sector, Bellicourt, Busigny, and St. Souplet, each located in France.  Therefore, the FSM's record should be corrected to show he was authorized the World War I Victory Medal with one bronze service star (Ypres-Lys campaign) and the service clasp for France.

3.  The applicant is advised that issue or replacement of service medals and service ribbons antedating the World War I Victory Medal is no longer accomplished through the Service supply system.  However, they may be purchased from private dealers in military insignia.

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 in action on 16 October 1918; and


	b.  issuing the applicant an appropriate document to show the FSM was:

* awarded the Purple Heart
* entitled to the World War I Victory Medal with one bronze service star and service clasp for France



      _______ _  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)                                         AR20110024568



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ABCMR Record of Proceedings (cont)                                         AR20110024568



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