IN THE CASE OF:	  

		BOARD DATE:  20 February 2014

		DOCKET NUMBER:  AR20130009784 


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 correction of the former service member's (FSM) records to show award of the Distinguished Service Cross and all other awards or decorations to which he might be entitled.  

2.  The applicant states her late father (the FSM) was awarded the Distinguished Service Cross during World War I (WW I) but did not physically receive the medal.  His discharge papers show the FSM fought in every major U.S. battle but does not list any awards or decorations.  The FSM contracted influenza at the end of his period of service and this may be the reason he was discharged without his awards in 1919.  The applicant requests the Distinguished Service Cross be mailed to her so that she can properly honor his memory.

3.  The applicant provides copies of the FSM's 

* 1919 Honorable Discharge from the U. S. Army
* 1919 Enlistment Record
* 1928 Illinois Army National Guard Honorable Discharge
* 1928 Enlistment Record
* Third Division, 10th U.S. Field Artillery Military History certificate
* Two pages of the Third Division General Orders Number 22, 1919  

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 lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from limited reconstructed personnel records and documents provide by the applicant.

3.  His 4 September 1919 Enlistment Record shows:

* enlisted on 5 June 1917
* departed the U.S. on 23 April 1918
* arrived in Europe on 7 May 1918
* returned to the U.S. on 24 August 1919
* was discharged on 4 September 1919.
* he was recommended (emphasis added) for the Distinguished Service Cross
* participated in the battles of Chateau Thierry, Champagne-Marne, Aisne-Marne, St. Mihiel, and Meuse-Argonne
* was given occupation credit for Germany
* no decorations or badges listed
* cited in Third Division General Orders Number 22, 8 July 1919 

4.  The FSM's 3rd Division, 10th Field Artillery Military History Record shows:

   a.  participation in Champagne-Marne Defensive, Aisne-Marne Offensive, Saint Mihiel Offensive, Meuse-Argonne Offensive, and Chateau Thierry Sector;
   
   b.  Occupation credit for Germany; and
   
   c.  at the Citations line – "Recommendation for DSC for Gallantry…" 
   
5.  Third Division General Orders Number 22, dated 8 July 1919, records the "valor and devotion to duty of these officers and men of the 3rd Division".  The FSM is cited on page 217 for his contributions.  The available pages of this General Order do not list specific awards for which the personnel listed may have been considered for or awarded.
6.  The applicant served in the Illinois Army National Guard from 29 January 1926 through 11 May 1928.  His Enlisted Record shows the same information as far as awards shown on the 1919 Enlisted Record. 

7.  An awards file card shows the same citation as shown in the Third Division General Order.  It also has the notation "Silver Star Medal Authorized 9-13-34." 

8.  In 1992, the applicant submitted a request through her Congressman for the Distinguished Service Cross for her late father.  On 11 June 1992, she was notified that the FSM had been authorized the Silver Star for gallantry in action instead of the Distinguished Service Cross.  A Silver Star Medal would be sent to her within 30 days. 

9.  Army Regulation 600-8-22 (Military Awards) provides the following:

   a.  Formal recommendations, approval through the chain of command, and announcement in orders are required for award of all personal decorations.
   
   b.  The Distinguished Service Cross is awarded to a person who, while serving in any capacity with the Army, distinguished himself or herself by extraordinary heroism not justifying the award of a Medal of Honor; while engaged in an action against an enemy of the United States; while engaged in military operations involving conflict with an opposing or foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing Armed Force in which the United States is not a belligerent party.  The act or acts of heroism must have been so notable and have involved risk of life so extraordinary as to set the individual apart from his or her comrades.

   c.  The Silver Star Medal is the successor award to the Silver Citation Star (worn as a silver star on the WW I Victory Medal).  It was established by an Act of Congress on 9 July 1918.  On 19 July 1932, the Secretary of War approved the Silver Star Medal to replace the Silver Citation Star.  
   
   d.  The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party.  The required gallantry, while of a lesser degree than that required for the Distinguished Service Cross, must nevertheless have been performed with marked distinction. 

   e.  The Army of Occupation of Germany Medal was established on 21 November 1941.  It is awarded for service in Germany or Austria-Hungary between 12 November 1918 and 11 July 1923. 

   f.  Information on the World War I Victory Medal, originally called the Victory Medal, is as follows:
   
   1)  It was established as the "Victory Medal" by War Department General Orders 48, dated 8 July 1919, not as an act of Congress, for service between 6 April 1917 and 11 November 1918.  
   
   2)  the Victory Medals were actually not awarded until April 1921 when they were mailed by the U.S. Army, General Supply Depot, Philadelphia, Pennsylvania to the servicemen instead of being awarded in person;  
   
   3)  in 1947, with the conversion of the World War II Victory Ribbon to the World War II Victory Medal, the" Victory Medal" was renamed the World War I Victory Medal;
   
   4)  to denote battle participation and campaign credit, the World War I Victory Medal was authorized with a large variety of devices to denote specific accomplishments;
   
   5)  a Silver Citation Star was authorized to be worn on the Victory Medal ribbon for any member of the U.S. Army who had been cited for gallantry in action between 1917 and 1920;
   
   6)  in 1932, the Silver Citation Star was redesigned and renamed the Silver Star and, upon application to the United States War Department, any holder of the Silver Citation Star could have it converted to a Silver Star decoration;
   
   7)  battle clasps, inscribed with a battle's name, were worn on the medal to denote participation in major ground or naval conflicts.  The recognized ground battles for World War I Victory Medal are:  
     
    * Aisne, 27 May 1918 – 5 June 1918; 
    * Aisme-Marne, 18 July 1918 – 6 August 1918; 
    * Cambrai, 12 May 1917 – 4 December 1917
    * Champagne-Marne, 15 July 1918 – 18 July 1918
    * Meise-Argonne 26 September 1918 – 11 November 1918
    * Lys, 9 April 1918 – 27 April 1918; 
    * Montdidier-Noyon 9 June 1918 – 13 June 1918; 
    * Oise-Aisne 18 August 1918 - 11 November 1918; 
    * Somme-Defensive 21 March 1918 – 6 April 1918;
    * Somme-Offensive, 8 August 1918 - 11 November 1918;
    * Vittorio-Veneto, 24 October 1918 - 4 November 1918; 
    * Ypres-Lys, 19 August 1918 – 11 November 1918;

   8)  Not all battles are shown on the bar clasps; only the above designated battles had bars issued.  The Battle of Chateau Thierry is cited as an example of a major battle not authorized a separate clasp.
   
   9)  For general defense service clasp, not involving a specific designated battle, the "Defensive Sector" battle clasp was authorized.  The clasp was also awarded for any battle which was not already recognized by its own battle clasp.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's records do not show award of any medal since for the most part the awards for recognition of WW I service were not created, authorized, and/or awarded or issued at the time of his separation.

2.  The FSM served during the period for which the Army of Occupation of Germany Medal is authorized.  It is appropriate to correct the record to show this award.

3.  The FSM served during the period for which the World War I Victory Medal is authorized.  It is appropriate to correct the record to show this award.

4.  The FSM participated the four battles for which specific clasps are authorized; Champagne-Marne, Aisne-Marne, St. Mihiel, and Meuse-Argonne.  He also is shown to have participated in the Battle of Chateau Thierry, for which a Defensive Sector battle clasp is authorized.  

5.  The available records show the FSM was recommended for the Distinguished Service Cross; however, it appears this award was downgraded to a Silver Star in 1934.  

6.  Based on the above facts and findings it is appropriate to correct the FSM's records to show his World War I awards as the Silver Star and the World War I Victory Medal with Champagne-Marne, Aisne-Marne, St. Mihiel, Meuse-Argonne, and Defense Sector battle clasps.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ___X__ _  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 showing the FSM's awards as the Silver Star, Army of Occupation of Germany Medal, and the World War I Victory Medal with Champagne-Marne, Aisne-Marne, St. Mihiel, Meuse-Argonne, and Defense Sector battle clasps.

2.  The Board further determined that 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 award of the Distinguished Service Cross.



      _______ _  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)                                         AR20130009784



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ABCMR Record of Proceedings (cont)                                         AR20130009784



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