IN THE CASE OF:	

		BOARD DATE:	    26 March 2014

		DOCKET NUMBER:  AR20130014077 


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 award of the Purple Heart for the family of the deceased service member.

2.  The applicant states the former service member (FSM) was seriously wounded in action on 31 May 1918, returned to his unit, and was killed in action on 23 October 1918.  Neither the FSM's wife nor his daughter were given the honor of receiving the FSM's Purple Heart.

3.  The applicant provides copies of documentation showing his relationship to the FSM; the FSM's death certificate; a Town of Hudson, War with Germany Service Record; a newspaper article; an excerpt from the Gold Star Record; and three photographs.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that all due consideration be afforded the family of the deceased and a favorable decision be afforded them.

2.  Counsel provides no additional supporting documentation.

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 enlisted in the Massachusetts National Guard and entered active duty on 20 June 1916.  He was assigned to Company M, 101st Infantry Regiment on 24 August 1917.  He departed the United States for Europe on 7 September 1917.

3.  He is shown to be a battle casualty as a result of phosgene gas inhalation on 30 May 1918.  He was hospitalized for 13 days and returned to his unit on 15 June 1918.

4.  After some confusion related to the status of two different Soldiers of the same first and last name in the same regiment, it was officially determined that the FSM had been killed in action by enemy machine gun fire on 23 October 1918.  He is shown to have been interned with a cross marker on either               1 or 14 November, 1918 in Grave "B" at Belieu Bois, north of Verdun, France.

5.  The Purple Heart is the descendent of the "Badge of Military Merit," established during the Revolutionary War by General George Washington on 7 August 1782.  The Badge of Military Merit was a purple heart of cloth edged with a narrow lace and stitched with the word "Merit."  The names of the recipients were to have been kept in a "Book of Merit" (which has never been recovered).  At the present time there are only three known recipients of the Badge of Military Merit. 

6.  During World War I a Soldier who was wounded in action was recognized by award a Meritorious Service Citation Certificate, Army Wound Ribbon, and/or were authorized to wear Wound Chevrons. 

7.  General Pershing (as Army Chief of Staff) suggested the award be revived in 1918; however, no action was taken on this recommendation.  General Douglas MacArthur (then Army Chief of Staff) did revive the award on 22 February 1932, the 200th anniversary of George Washington’s birth, and it was renamed it the "Purple Heart" with some eligibility adjustments.  At that time the award was made retroactive for Soldiers wounded after 5 April 1917. 

8.  Army Regulation 600-8-22 (Military Awards), as currently in effect, provides that the Purple Heart is authorized for any member of the U.S. Armed Forces who has been wounded or died from wounds sustained after April 5, 1917.  A wound qualifying for a Purple Heart must have required treatment, by a military medical officer or other medical professional and that treatment must be noted in the service member’s medical record.  For deceased service members, the Purple Heart may be given to the representatives of the deceased as the 
individual Service Secretary considers appropriate.  The service member receives the Purple Heart medal for the first award with each subsequent award an Oak Leaf Cluster will be awarded to be worn on the medal or ribbon. 

9.  The term wound includes but is not limited to injuries or treatment for exposure to chemical, biological, or nuclear agents released by the enemy.

DISCUSSION AND CONCLUSIONS:

1.  At the time of the FSM's service, the Purple Heart did not exist by that name or in its current form.  

2.  The FSM is shown to been hospitalized as a battle casualty for phosgene gas inhalation.  This constitutes a wound or injury meeting the criteria for award of the Purple Heart.

3.  The FSM was killed by enemy machine gun fire on 23 October 1918.  The wounds received that resulted in his death meet the criteria for award of the Purple Heart.

4.  Based on the above facts and findings, it is appropriate to award the FSM the Purple Heart with one Oak Leaf Cluster and authorize it to be presented to the appropriate next of kin.

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 awarding the FSM the Purple Heart with one Oak Leaf Cluster, for wounds received on 30 May 1918 and on 3 October 1918, with presentation to his appropriate next of kin.



      _________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)                                         AR20130014077





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ABCMR Record of Proceedings (cont)                                         AR20130014077



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