BOARD DATE:	  2 July 2013

		DOCKET NUMBER:  AR20120021463 


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 father, a former service member (FSM), be corrected to show he was awarded the World War I (WWI) Victory Medal and any other awards or decorations to which he was entitled.

2.  The applicant states the FSM participated in several battles, engagements, skirmishes, and expeditions while serving in France during WWI, but his service records show he was not awarded the WWI Victory Medal or any other awards or decorations to which he was entitled.  He contends the FSM fought for his country and should receive some recognition.

3.  The applicant provides the following documents:

* a birth certificate, adoption paperwork, and death certificate verifying his relationship to the FSM
* a letter from the National Personnel Records Center (NPRC)
* a Report of Physical Examination
* a Treasury Department, Bureau of War Risk Insurance, Division of Military and Naval Insurance Form 1B (Information for Allotment of and Application for Family Allowance)
* a Treasury Department, Bureau of War Risk Insurance, Division of Military and Naval Insurance Form 2A (Application for Insurance)
* a War Department Form 371 (Final Payment Roll)
* a Treasury Department, Bureau of War Risk Insurance Form 333 (Notice of Discharge)
* a typewritten statement entitled "Honorable Discharge from the United States Army"
* a portion of a form showing the FSM designated his mother as a beneficiary
* a Veterans Administration Form 1701 (Adjusted Compensation)

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 NPRC in 1973.  It is believed his records were lost in that fire.  The primary records available are those sent to the applicant by the NPRC, St. Louis, MO.

3.  The applicant provides:

	a.  a Report of Physical Examination which shows the FSM underwent a physical medical examination and was found to be physically qualified for general military service by a local board on 29 January 1918.

	b.  Treasury Department, Bureau of War Risk Insurance, Division of Military and Naval Insurance Forms 1B and 2A, each dated 1 April 1918, which show the FSM enlisted or entered into active service on 29 March 1918.

	c.  a War Department Form 371 which shows the FSM was discharged on 31 May 1919 and that he was entitled to receive travel allowances and foreign service pay until he arrived in the United States on 20 May 1919.  He signed this document in verification of receiving final pay in the amount of $118.90.

	d.  a Treasury Department, Bureau of War Risk Insurance Form 333 which shows the FSM enlisted on 29 March 1918 and was discharged on 31 May 1919.

	e.  a typewritten statement entitled "Honorable Discharge from the United States Army" which was apparently rendered by the commander of the Finance Office located at Camp Shelby, Mississippi on 31 May 1919.  This statement certified as a testimonial of honest and faithful service performed by the FSM and indicated he was honorably discharged from the military service of the United States by reason of demobilization.  This document also shows the FSM was paid in full in the amount of $118.90 at the time of his separation.  The "Enlistment Record" portion of this document shows the following information pertaining to the FSM:

		(1)  Grade:  Wagoner;

		(2)  Enlisted or Inducted:  27 March 1918 at Angleton, Texas;

		(3)  Serving in first enlistment period at date of discharge;

		(3)  Prior Service:  None;

		(4)  Noncommissioned officer:  Never;

		(5)  Marksmanship, gunner qualification or rating:  Not rated;

		(6)  Horsemanship:  Not mounted;

		(7)  Battles, engagements, skirmishes, and expeditions:  Defense of Center Section Hauts Alsace 25 July to 23 September 1918, Battle of Malbrouch Hill 8 October 1918, Battle of Moleville Farm 10 October 1918, Attack on Bois d'Ormont 11 October 1918, Battle of the Grant Montagne 16 October 1918, Capture of Strate Ridge 23 October 1918, and Attack on Bois Bellew 26 October 1918;

		(8)  Decorations, Medals, Badges, Citations:  None;

		(9)  Knowledge of any vocation:  Farmer:

		(10)  Wounds received in service:  None;

		(11)  Physical condition when discharged:  Good, Typhoid completed - no record, Paratyphoid prophylaxis completed - no record;

		(12)  Married or single:  Single;

		(13)  Character:  Excellent;
		(14)  Remarks:  Soldier entitled to travel pay "No. A.W.C.L." No absence under War Department General Order 31/12 or 45/14, Served with "52 Co. D.B.C.L. Lev" to date unknown Supply Company 114th Infantry to 27 May 1919, Casual Detachment #1 Demobilization Group from 27 May 1919 to date of discharge; and

		(15)  Served in France:  Left U.S.A. 14 June 1918 arrived U.S.A. 20 May 1919.

	f.  a portion of a form, dated 2 January 1935, which shows the FSM designated his mother as a beneficiary for receipt of benefits to which he may be entitled under the provisions of the World War Adjusted Compensation Act.

	g.  a Veterans Administration Form 1701, dated 19 March 1936, which shows the FSM applied to the Administrator for the settlement of any amount due to him based upon his military service during the World War.  He indicated his date of enlistment was 27 March 1918 and his date of discharge was 31 May 1919.  He also indicated that at the time of his discharge, his rank was Wagoner and his organizations were Company C, 114th Infantry and Supply Company, 114th Infantry.

4.  Army Regulation 600-8-22 (Military Awards) provides for award of the World War I Victory Medal for service between 6 April 1917 and 11 November 1918.  This regulation also shows that battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal.

	a.  The WWI Victory Medal battle clasps are awarded for 14 campaigns to include the Defensive Sector.

	b.  The WWI Victory Medal service clasp is authorized for service in five countries to include France.

	c.  Bronze service stars are worn on campaign and service medals, to include the WWI Victory Medal, to denote participation in a named campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered and determined to have merit.

2.  Although the FSM's complete personnel record is not available for review, the medical, personnel, and finance documents provided by the NPRC are accepted as sufficient evidence to warrant correction of the FSM's record.
3.  The preponderance of evidence shows he enlisted in the Army on 29 March 1918, served in France, and was honorably discharged on 31 May 1919.

4.  The "Enlistment Record" portion of the FSM's Honorable Discharge Statement clearly shows the following information:

	a.  Enlisted or Inducted:  27 March 1918 at Angleton, Texas;

	b.  Battles, engagements, skirmishes, and expeditions:  Defense of Center Section Hauts Alsace 25 July to 23 September 1918, Battle of Malbrouch Hill 8 October 1918, Battle of Moleville Farm 10 October 1918, Attack on Bois d'Ormont 11 October 1918, Battle of the Grant Montagne 16 October 1918, Capture of Strate Ridge 23 October 1918, and Attack on Bois Bellew 26 October 1918;

	c.  Decorations, Medals, Badges, Citations:  None;

	d.  Wounds received in service:  None;

	e.  Served in France:  Left U.S.A 14 June 1918 arrived U.S.A. 20 May 1919;

5.  In view of the foregoing, the FSM completed a qualifying period of service for award of the WWI Victory Medal.  He also participated in the Defensive Sector campaign in the country of France which entitles him to a battle clasp and a service clasp for wear on his WWI Victory Medal.  Therefore, the FSM is entitled to posthumous award of the WWI Victory Medal with one battle clasp and one service clasp and correction of his record to show this award.

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 FSM be corrected by issuing an appropriate document showing the following information pertaining to his period of service:

* Decorations, Medals, Badges, Citations:  WWI Victory Medal with one battle clasp and one service clasp



      _______ _  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)                                         AR20120021463





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ABCMR Record of Proceedings (cont)                                         AR20120021463



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