IN THE CASE OF:	  

		BOARD DATE:	  28 May 2013

		DOCKET NUMBER:  AR20120019951 


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 military records of his grandfather, a former service member (FSM), be corrected to show the FSM is entitled to the World War I (WWI) Victory Medal with a battle clasp for the Meuse-Argonne campaign.

2.  He states the FSM's unit, 2nd Pioneer Infantry Regiment, participated in this campaign.

3.  He provides the following:

* Self-authored statement
* FSM's Form No. 525 AGO (Honorable Discharge from the United States Army)
* Excerpt from the "Order of Battle" First Army Composition
* FSM's WD AGO Form No. 0150-2 (Discharge Certificate)
* FSM's Certificate of Death
* Certificate of Birth (applicant's spouse)
* Certificate of Marriage (applicant)
* Certificate of Death (applicant's spouse)
* Certificate of Birth (applicant)
* National Personnel Records Center (NPRC) letter, dated 29 April 2010

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 ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the FSM's records were lost or destroyed in that fire.  This case is being considered using the FSM's discharge documents provided by the applicant.

3.  Records available to the Board show the FSM was inducted into United States Army on 26 May 1918.  He was assigned to Company M, 2nd Pioneer Infantry Regiment.  He was honorably discharged on 5 November 1919 in the grade of corporal.

4.  The FSM's WD AGO Form No. 0150-2 shows he was awarded "One Bronze Victory Button." 

5.  The documents provided by the applicant are void of any evidence that shows the FSM's service overseas or his campaign participation.

6.  Information available from the internet concerning the 2nd Pioneer Infantry Regiment during WWI states the following:

   a.  "In WWI the 14th became part of the 165th and 106th which then became known as the 2nd Pioneer Infantry Regiment.

   b.  "The first call of duty was to have 350 non-coms and privates become part of the 165th Infantry Regiment, where they were at Camp Mills waiting to be shipped overseas.  In October 1917, the rest of the 14th went to Camp Wadsworth, South Carolina.  At Camp Wadsworth, 1400 officers and men that combined with the 23rd Infantry to make up the 106th Infantry was reduced again.  The rest of the 14th stayed at Camp Wadsworth and was 're-designated as the 2nd Pioneer Infantry Regiment.'  The 106th took part in the battles of Hindenburg Line, France, 29-30 September, 1918; La Selle River, France, 
17 October 1918; and Jonc de Mer Ridge, France, 18 October 1918.  Their engagements included Vierstaat Ridge, Belgium, 31 August-2 September 1918; Quennemont Farm, France, 27 September 1918; and The Knoll - Guillemont Farm.  Other minor actions included East Poperinghe Line, 9 June-20 August  1918 and Dickebusch Sector, Belgium, 21-30 August 1918.

   c.  "Back at Camp Wadsworth the 2nd Pioneer Infantry was filled to war strength of about 3700 officers and men by replacements drafted from New York City and vicinity; they arrived in France in July 1918.  When they arrived there were 'no specific combat duties,' this resulted in a variety of missions.  Companies L and M went to Is-sus-Tille, and controlled the evacuation of casuals from the front lines.  After the Armistice, the 2nd Battalion and Companies L and M were assigned to the Army of Occupation.  The 2nd Pioneer Infantry Regiment remained in Coblenz until the winter of 1919 when it returned to the U.S. for demobilization."  (source:  http://dmna.ny.gov/historic/reghist/numbered/
14thReg.htm)

7.  In a 29 April 2010 letter, the NPRC authorized the shipment of the following awards based on documents that were provided and/or official documents:

* WWI Victory Button (Bronze)
* WWI Victory Medal with France Service Clasp
* Army of Occupation of Germany Medal WWI

8.  The applicant provided an excerpt from the "Order of Battle" First Army Composition document that indicates the 2nd Battalion, Pioneer Infantry Regiment was included in the Meuse-Argonne Operation from 26 September to 11 November 1918. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the award of the World War I Victory Medal (originally known as the Victory Medal), established by War Department General Order 48, 1919, for service between
6 April 1917 and 11 November 1918.  Final endorsement of the Victory Medal design was given by Secretary of War Newton D. Baker on 14 November 1919.

10.  Army Regulation 600-8-22 provides, in pertinent part, for battle clasps, authorized to be worn on the suspension ribbon of the World War I Victory Medal, for each of the major operations in which individuals were actually present under competent orders.  The clasps, with a star on each side of the name of the campaign or one of the defensive sectors, were worn on the suspension ribbon of the medal.  Among the battle clasps authorized are Aisne-Marne:  18 July-6 August 1918, St. Mihiel:  12-16 September 1918, and Meuse-Argonne:  26 September-11 November 1918.  Since battle and service clasps could only be worn on the full-sized World War I Victory Medal, bronze service stars were authorized for wear on the award ribbon.  This was the common method of campaign and battle display when wearing the World War I Victory Medal as a ribbon on a military uniform.

DISCUSSION AND CONCLUSIONS:

1.  The final design for the World War I Victory Medal was not approved until after the FSM was discharged.  Therefore, it is likely he never received this award.  Based on his service from 26 May 1918 to 5 November 1919, the FSM was entitled to the World War I Victory Medal.

2.  Unfortunately, the available documents do not contain any evidence showing that the FSM participated in the Meuse-Argonne campaign.  Therefore, in absence of documentation to support FSM's participation in this campaign, there is insufficient documentation to approve the requested action.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting the FSM's records to show award of the World War I Victory Medal.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a battle clasp to his Victory Medal.



      ____________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)                                         AR20120019951





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ABCMR Record of Proceedings (cont)                                         AR20120019951



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