IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130015312 


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 award of the Purple Heart.

2.  The applicant states he believes the military was unjust to his father and all other wounded veterans who fought prior to World War II. 

3.  The applicant provides the following documents:

* FSM's AGO Form 525 (Honorable Discharge from the Army of the United States), dated 5 February 1919
* FSM's Enlistment Record
* FSM's death certificate
* Certified copy of birth record

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 in 1973.  It is believed his records were lost in that fire.  The primary records available are those provided by the applicant.

3.  The FSM's record consists only of his Honorable Discharge and Enlistment Record.  This record shows the FSM entered active duty in the Army on 7 May 1917 in Alabama.  

4.  He served as a member of the American Expeditionary Force during World War I (WWI) with an unknown unit and participated in the Champagne-Marne and St. Mihiel campaigns.  Other skirmishes are also mentioned on his Enlistment Record - Chatteau-Thierry-Verdin; however, this is not an approved campaign.  His record shows he attained the rank of Private.

5.  His Honorable Discharge and Enlistment Record indicates he was discharged from the Army on 5 February 1919.  

6.  Records show that the FSM was wounded during his service in WWI.  The FSM's Enlistment Record shows in the block titled "Wounds received in service: (2) left forearm, right hand."  However, no dates are listed.

7.  His Honorable Discharge and Enlistment Record do not show he was issued any decorations, medals, badges, or citations.

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  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.

9.  Paragraph 2-8d of Army Regulation 600-8-22 governs award of the Purple Heart authorized for wounds sustained during WWI.  In pertinent part, this paragraph authorizes award of the Purple Heart to any member of the Army, who during WWI, was awarded the Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons.

10.  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 6-15a of Army Regulation 600-8-22 states, in pertinent part, that 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 FSM's Enlistment Record shows he was wounded on two occasions while a member of the American Expeditionary Force.  Although no dates are listed and although the circumstances of his wounds are unknown, it appears he received two wounds, to the left forearm and the right hand 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) and correction of his records to show both awards. 

3.  The FSM's records show he was wounded while a member of the American Expeditionary Force.  Therefore, the FSM is entitled to issuance of the World War I Victory Medal.  He is also entitled to award of the World War I Victory Medal with Battle Clasps for the Champagne-Marne and St. Mihiel campaigns and correction of his records 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.  showing the FSM was posthumously awarded the Purple Heart (1st Oak Leaf Cluster) for wounds sustained during World War I;
	b.  issuing the applicant, as the next of kin to the FSM, the posthumous award of the Purple Heart (1st Oak Leaf Cluster) and the World War I Victory Medal with Battle Clasp for the Champagne-Marne and St. Mihiel campaigns; and

	c.  adding the Purple Heart (1st Oak Leaf Cluster) and the World War I Victory Medal with Battle Clasp for the Champagne-Marne and St. Mihiel campaigns to his AGO Form 525.



      _______ _   _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)                                         AR20130015312





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ABCMR Record of Proceedings (cont)                                         AR20130015312



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