IN THE CASE OF:	  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130011534 


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 records of his father, a deceased former service member (FSM), by showing two Purple Hearts.

2.  The applicant states the record of the FSM only recently became available when it was discovered in the archives of the Wisconsin Army National Guard. 

3.  The applicant provides notarized copies of her birth certificate and registration and photocopies of the FSM's available records from the War Department and the Wisconsin National Guard.

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 provided by the applicant.

3.  He was mobilized with Company K, 1st Infantry, Wisconsin Army National Guard on 15 July 1917 which was apparently redesignated Company K, 127th Infantry on 24 September 1917.  He:

* sailed for France on 18 February 1918
* participated in engagements with the American Expeditionary Force at Alsace from 16 May through 19 July 1918,Fismes – 30 July through 
24 August 1918, Loon – 30 and 31 August 1918, and Soissons on 1 September 1918
* sustained a gunshot wound in action on 1 September 1918 and was placed on the casualty roster as severely wounded in action on               20 November 1918
* returned to the United States on 7 March 1919
* was honorably discharged due to disability on 21 February 1920 as a corporal 

4.  On 19 May 1933, he was awarded the Purple Heart for wounds sustained in action on 1 September 1918.

5.  A 17 August 2007 letter from the National Personnel Records Center shows the FSM had been authorized the Purple Heart, World War I Victory Button (Bronze), and the World War I Victory Medal with Battle Clasp for the Defensive Sector. 

6.  Army Regulation 600-8-22 (Military Awards) states:

	a.  the Purple Heart was established by General George Washington at Newburgh, NY on 7 August 1782 during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, died or sustained wounds as a result of hostile action.  A Purple Heart is authorized for the first wound suffered, but for each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon;

	b.  the World War I Victory Medal was established by War Department General Order 48 of 1919. The medal is awarded for service between 6 April 1917 and 11 November 1918 and/or for either of the expeditions to Russia or Siberia-

		(1)  Various appurtenances were used on the World War I Victory Medal to denote battle participation and campaign credit and various specific accomplishments.

		(2)  World War I Victory Medal battle clasps, inscribed with a battle's name, were worn on the medal to denote participation in major ground or naval conflicts.  Clasps for these recognized ground battles for World War I Victory Medal the Defensive Sector Clasp is used for all ground battles not recognized by a specific battle clasp.

		(3)  World War I Victory Medal service clasps were authorized for the country in which the service was performed, including France.

	c.  The World War I Victory Lapel Button is a five-pointed star 5/8-inch in diameter on a wreath with the letters "U.S." in the center.  For persons wounded in action, the lapel button is silver; for all others, the lapel button is bronze. Eligibility requirements are the same for the World War I Victory Medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that her late father's records should be corrected to show two Purple Hearts. 

2.  The FSM's records show he was wounded on two occasions while a member of the American Expeditionary Force.  He sustained a gunshot wound on 1 September 1918, and he was placed on the casualty roster as severely wounded on 20 November 1918.  Given the length of time between the               1 September wounding and the date he was placed on the casualty roster, it is reasonable to presume that this was entry was for a second wounding.

3.  He has already been awarded the Purple Heart for the first wound, but should be awarded the Purple Heart with 1st Oak Leaf Cluster for the second wounding. 

4.  The National Personnel Records Center states he is authorized issuance of the World War I Victory Medal with France Service Clasp and the World War I Victory Button in Silver.  However, his records also show that he is authorized the Defensive Sector Battle Clasp.

5.  His records should show all his authorized 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.  Awarding him the Purple Heart with 1st Oak Leaf Cluster for wounds received around October/November 1918; 

	b.  Issuing award certificates for the Purple Heart for wounds sustained on 
1 September 1918 and the Purple Heart with 1st Oak Leaf Cluster for wounds sustained on 20 November 1918; and

	b.  showing his authorized awards as  – 

* Purple Heart with 1st Oak Leaf Cluster
* World War I Victory Medal with Defensive Sector and France Clasps
* World War I Victory Lapel Button in silver 



      _______ _  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)                                         AR20130011534





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ABCMR Record of Proceedings (cont)                                         AR20130011534



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