IN THE CASE OF:	  

		BOARD DATE:	  27 May 2014

		DOCKET NUMBER:  AR20140004108 


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, the son of a deceased former service member (FSM), requests posthumous award of the Purple Heart to the FSM.

2.  He states the Purple Heart as we know it today was instituted in 1932, but is retroactive to 5 April 1917.  The FSM's Transcript of Military Record clearly states in block 17 (Wounds Received in Action) that the FSM was wounded on 30 September 1918, making him eligible for the Purple Heart.  

3.  He provides his Birth Certificate, correspondence from the Army Review Boards Agency, a self-authored statement, the FSM's Adjutant General's Office (AGO) Form 01252 (Honorable Discharge Certificate), and an AGO Form 01253 (Transcript of Military 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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents provided by the applicant.

3.  The AGO Form 01253 provided by the applicant shows the FSM was inducted into the National Army on 27 May 1918.  He departed the U.S. on 9 July 1918, for France, and he returned to the U.S. on 15 February 1919.  He was honorably discharged on 1 March 1919.  The form shows in:

* item 15 (Battles and Campaigns) – "Offensive:  Meuse-Argonne" and "Defensive Sector:  Avocourt"
* item 16 (Decorations and Citations) – "None"
* item 17 (Wounds Received in Action) – "30 September 1918"

4.  Army Regulation 600-95 (Authority for Wearing, and Supply of, Wound and War Service Chevrons) provided for award of a wound chevron for wounds sustained in action during World War I.  This regulation authorized award of a wound chevron to any member of an authorized military establishment who received a wound in action with an enemy of the United States that necessitated treatment by a medical officer.  The regulation further stated that a wound chevron was not authorized in any case where medical treatment was not given.

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

6.  War Department Circular Number 6, dated 22 February 1932, published the initial criteria for the reestablished Purple Heart and ended authorization for award of the wound chevron.  The circular stated awards of the Purple Heart for acts or service performed prior to 22 February 1932 would be confined to the following persons:

	a.  members of the Army of the United States who were awarded the Meritorious Service Citation Certificate for expeditionary service in World War I;

	b.  individuals authorized to wear the wound chevron and who made application for the Purple Heart; and

	c.  individuals not authorized to wear the wound chevron prior to 22 February 1932 who would otherwise have been authorized to wear that decoration under the provisions of Army Regulation 600-95.

7.  Army Regulation 600-8-22 (Military Awards) states the World War I Victory Medal is awarded for service between 6 April 1917 and 11 November 1918.  Appurtenances to be worn on the World War I Victory Medal include battle clasps bearing the inscriptions "Meuse-Argonne" and "Defensive Sector."  

8.  Army Regulation 600-8-22 states the World War I Victory Button is authorized for service between 6 April 1917 and 11 November 1918.  A silver lapel button was awarded to individuals who were wounded in action and a bronze lapel button was awarded to all others.  

DISCUSSION AND CONCLUSIONS:

1.  The AGO Form 01253 provided by the applicant shows the FSM was wounded in action on 30 September 1918.  This document is accepted as sufficient to establish that the FSM would have been authorized a wound chevron; therefore, he is entitled to posthumous award of the Purple Heart.

2.  The FSM is entitled to the World War I Victory Medal with Meuse-Argonne and Defensive Sector clasps and the silver World War I Victory Button.  His record should be corrected by creating an appropriate document verifying his entitlement to 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 the Purple Heart to the FSM for wounds he received on 30 September 1918; and

	b.  creating an appropriate document showing the FSM is entitled to the World War I Victory Medal with Meuse-Argonne and Defensive Sector clasps and the silver World War I Victory Button.



      _______ _   _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)                                         AR20140004108



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ABCMR Record of Proceedings (cont)                                         AR20140004108



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