BOARD DATE:    11 March 2014

		DOCKET NUMBER:  AR20130012384


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 grandfather, a former service member (FSM), be corrected to show he was awarded the Purple Heart.

2.  The applicant states his grandfather was wounded during World War I (WWI) but the Purple Heart was never added to his service records.  The applicant would like his children and grandchildren to know the deeds of their great grandfather.

3.  The applicant provides copies of:

* the FSM's Enlistment Record
* the FSM's Honorable Discharge from the U.S. Army
* a letter from the Army Review Boards Agency, dated 2 April 2013
* his letter to ARBA forwarding his Notification of Birth Registration

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 National Personnel Records Center (NPRC) in 1973.  It is believed his records were lost in that fire.  The primary records available are those provided by the applicant and  NPRC letters, dated 13 February 2012 and 26 July 2013.

3.  The FSM's Enlistment Record and Honorable Discharge show he:

* enlisted on 16 February 1918
* was appointed as a sergeant first class on 8 April 1918
* served in the following battles, engagements, expeditions:  American Expeditionary Forces from 26 August 1918 to 14 July 1919, Troyon Sector 8-26 October 1918, and Meuse-Argonne from 26-30 September 1918
* received wounds in service:  Gassed 26 September 1918, and shrapnel left foot 26 October 1918
* was discharged on 23 July 1919

4.  A 13 February 2012 NPRC letter shows the FSM is authorized the World 
War I Victory Button (Bronze) and the World War I Victory Medal with Battle Clasp for the Defensive Sector. 

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

6.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War I Victory Medal for service between 6 April 1917 and 11 November 1918.  This document also shows that battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal.  Furthermore, paragraph 6-16a of Army Regulation 600-8-22 states the Silver World War I Victory Button is issued to persons wounded in action during WWI and the Bronze World War I Victory Button is awarded to all others.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his late grandfather's records should be corrected to show award of the Purple Heart. 

2.  The FSM's Enlistment Record shows the FSM was wounded on two occasions while a member of the American Expeditionary Force.  He was gassed on 26 September 1918, and received a shrapnel wound to his left foot on 
26 October 1918 as a result of hostile action during his service in WWI.  Therefore, the FSM is entitled to a posthumous award of the Purple Heart (1st Oak Leaf Cluster). 

3.  The FSM's records show he is authorized issuance of the World War I Victory Medal with Meuse-Argonne and Defensive Sector Battle Clasps and, since he was wounded in action, he is also authorized the Silver World War I Victory Button.

4.  His records should be corrected to show these 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.  posthumously awarding him the Purple Heart for wounds sustained on     26 September 1918 and;

	b.  posthumously awarding him the Purple Heart (1st Oak Leaf Cluster) for wounds sustained on 26 October 1918;

	c.  issuing the applicant, as the next of kin to the FSM, the posthumous award of the Purple Heart (1st Oak Leaf Cluster), the World War I Victory Medal with  Meuse-Argonne and Defensive Sector Battle Clasps and the Silver World War I Victory Button; and

	d.  adding the Purple Heart (1st Oak Leaf Cluster), the World War I Victory Medal with Meuse-Argonne and Defensive Sector Battle Clasps and the Silver World War I Victory Button to the FSM's list of authorized awards.



      ___________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)                                         AR20100000710



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ABCMR Record of Proceedings (cont)                                         AR20130012384



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