IN THE CASE OF:  	  

		BOARD DATE:  11 September 2014	  

		DOCKET NUMBER:  AR20140002312 


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 her deceased great uncle, a former service member (FSM), be awarded the Purple Heart. 

2.  The applicant states her great uncle was killed in action during World War I.  She is seeking to honor his service during World War I by requesting the Purple Heart.  Her research resulted in a finding that servicemen who were killed in action were not issued death certificates because there were too many.  

3.  The applicant provides:

* Her certificate of birth
* Her certificate of marriage
* Her father's certificate of death
* 1940 census of her father living with his parents
* 1930 census showing her father living with his parents
* 1910 census showing her grandfather, the FSM's brother
* Birth certificate of the FSM's brother
* Death certificate of the FSM's brother
* Death certificate of the FSM's father
* County Orphan Court Records
* FSM's birth certificate
* FSM's World War I registration card
* FSM's service record
* FSM's grave location in France
* Compilation of disposition of the FSM's remains data
* Letter from the State Department
* Report of disinterment and reburial 
* Report of disinterment, preparation, and shipment of body
* Grave Registration Service
* Western Union Telegram
* Letter from the officer in charge
* Shipment of remains 
* Signed papers showing the FSM's remains were received 

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 available records (Grave Location Bank) show he served during World War I with the 115th Infantry and he held the rank of private (PVT).  He died of wounds on 10 October 1918 and he was buried on 13 October 1918 at Glorieux (Meuse) Cemetery, in the Town of Verdun, France. 

4.  Multiple documents, titled "Compilation of Dispositions of Remains Data" show the date of death as 11 October 1918 and the cause of death as killed in action while a member of Company M, 115th Infantry. 

5.  Multiple documents titled "Report of Disinterment and Reburial" show his remains were shipped to the United States in or around November 1921 to be interned at a National Cemetery.  


6.  The FSM's remains were shipped through Belgium to Brooklyn, NY.  His remains and those of other deceased Soldiers were escorted by a sergeant of the 22nd Infantry Regiment and ultimately arrived in Baltimore, MD.  The FSM's brother received the remains. 

7.  The FSM's Enlistment Record is not available for review.  It is unclear when the FSM entered active duty in the Army.  

8.  The available records show he was a member of the American Expeditionary Force during World War I with the 115th Infantry; however, it is unclear what campaigns or skirmishes he participated in.  It is also unclear if the FSM was issued any decorations, medals, badges, or citations.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart.  

	a.  The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War.  It was reestablished by the President of the United States per War Department General Orders 3, 1932.  

	b.  The Purple Heart is awarded in the name of the President of the United States to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) 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; (4) As the result of an act of any such enemy of opposing Armed Forces; or (5) As the result of an act of any hostile foreign force.  

	c.  The Purple Heart is authorized for wounds sustained during World War I to any member of the Army, who during World War I, 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 World War I and the Bronze World War I Victory Button is awarded to all others.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM was wounded in action and died of his wounds on 10 October 1918 while a member of the American Expeditionary Force during World War I.  He was initially buried in France but his remains were ultimately transferred to the United States.  Therefore, the FSM is entitled to a posthumous award of the Purple Heart and correction of his records to show this award. 

2.  The FSM's records show he was wounded and killed in action while a member of the American Expeditionary Force.  Therefore, the FSM is entitled to issuance of the World War I Victory Medal, albeit without a Clasp because it is unknown what campaigns he participated in, and correction of his records to show this award.

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:

* showing the FSM was posthumously awarded the Purple Heart for wounds sustained during World War I on 10 October 1918
* issuing the applicant, as the next of kin to the FSM, the posthumous award of the Purple Heart and the World War I Victory Medal



* issuing the applicant an appropriate document listing the Purple Heart and the World War I Victory Medal 



      _______ _   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)                                         AR20140002312



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ABCMR Record of Proceedings (cont)                                         AR20140002312



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