BOARD DATE:	  5 February 2015

		DOCKET NUMBER:  AR20140011288 


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 daughter of a deceased former service member (FSM), requests the records of her late father be corrected by awarding him the Purple Heart for wounds received in action against the enemy in World War I (WWI).  

2.  The applicant states her father should receive the Purple Heart for gunshot wounds he received to his right shoulder during his service in France during WWI, per a field medical record card.  

3.  The applicant provides the following documents:

* a copy of the FSM's death certificate
* a copy of the applicant's birth certificate 
* a copy of the FSM's Form 52 (Sick and Wounded Report Card) 
* a copy of a document titled, Field Medical Card
* a copy of the FSM’s Enlistment Record
* a copy of the FSM’s Form 525 A.G.O. (Honorable Discharge from The United States Army), dated 21 May 1919

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 are very limited to the Board for review.  However, coupled with the applicant’s provided documentation, there were sufficient documents to conduct a fair and impartial review of this case.  

3.  The FSM's record consists only of his Final Payment Roll dated 21 May 1919, his honorable discharge document, and his enlistment record.  The record shows he entered active duty on 27 April 1918 in Monticello, Utah.   

4.  The FSM’s enlistment record shows:
   
* in the “Battles, engagements, skirmishes, expeditions” section that he was in the Argonne Drive
* in the “Wounds received in service” section it states “right shoulder  (followed by the letters - g.s. and an illegible entry)

5.  The applicant provided a Form 52 that lists the FSM's name, rank (Pvt.) and unit assigned as F Company, 362nd Infantry Regiment.  Additionally, it shows in– 

* Block 11 (Date of adm.(ission)): 29 September 1918
* Block 13 (Cause of admission): G.S.W., right shoulder
* Block 14 (In Line of Duty): Yes
* Block 15 (Complication, Seq., etc.): G.S.W., shrapnel, battle, “O,” right shoulder, incurred “I.A. September 29, 1918. “L”
* Block 16 (Disposition): Transferred to Evac. Hosp.19
* Block 17 (Date of Disposition): 7 October 1918
* Block 18 (Name of Hospital, etc.): Base Hospital No. 25, location illegible 

6.  The applicant also provided a document titled “Field Medical Card,” that confirms most of the same data as the Form 52.  It also has the diagnosis listed as G.S., shrapnel battle, right shoulder, I.A., 9-29-18.

7.  His record indicates he was wounded when he was assigned to Company F, 362nd Infantry Regiment.  An internet query to the U.S. Army Center of Military 

History website, shows that the 362nd Infantry Regiment, as part of the 91st Division (later designated as the 91st Infantry Division) did participate in the WWI Meuse-Argonne Campaign (26 September 1917 to 11 November 1918).
8.  There are no orders or other evidence that show the FSM was awarded the Purple Heart or any other decorations, medals, badges or citations. 

9.  His record indicates he was honorably discharged from the United States Army on 21 May 1919.  

10.  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.  The Purple Heart is awarded for wounds sustained as a result of hostile action after 
5 April 1917.  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.  

11.  The FSM’s records show he was entitled to additional awards that were not requested.

12.  Army Regulation 600-8-22 provides, in pertinent part, for award of the WWI Victory Medal, established by War Department General Order 48 in 1919, for service between 6 April 1917 and 11 November 1918.  

13.  Paragraph 6-6 of Army Regulation 600-8-22 states, in pertinent part, that battle clasps and service clasps may be worn on the WWI Victory Medal.  The Meuse-Argonne campaign battle clasp in authorized for service in that campaign and the France service clasp is authorized for service in the country of France.  

14.  Further, paragraph 6-15a of Army Regulation 600-8-22 provides, in pertinent part, for issuance of the WWI Victory Button, whose eligibility requirements are the same as for the WWI Victory Medal, with issuance of a silver lapel button for persons wounded in action.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the records of her late father should be corrected by awarding him the Purple Heart for wounds received during WWI in France.   

2.  The FSM's Enlistment Record shows he participated in the battle of the Argonne Drive and was wounded in the “right shoulder” (followed by the letters - 

g.s. and an illegible entry).  A Form 52 (provided by the applicant that corroborates the Enlistment Record) shows a wound received in the line of duty in block 15 (Complication, Seq, etc.): G.S.W., shrapnel, battle, “O,” right shoulder, incurred “I.A. September 29, 1918. “L”; and a Field Medical Card (provided by the applicant) which shows the FSM received a wound in which he was evacuated to a medical facility and received treatment.  Therefore, in view of the above, the FSM is entitled to a posthumous award of the Purple Heart and correction of his records to show this award. 

3.  The FSM's records show he served a qualifying period of service for award of the WWI Victory Medal with battle clasp for the Meuse-Argonne Campaign and with the France service clasp for service in the country of France.  Therefore, he is entitled to be awarded these medals and correction of his records to show them.  

4.  In addition, the FSM should be awarded the WWI Victory Button in silver since he received wounds in action 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:

	a.  posthumously awarding the FSM the Purple Heart for wounds received on 29 September 1918 and

	b.   issuing the applicant, as the next of kin to the FSM, an appropriate document showing the FSM was awarded the Purple Heart, WWI Victory Medal 

with battle clasp for the Meuse-Argonne Campaign and with the France service clasp for service in the country of France, and the WWI Victory Button in silver. 



      _______ _   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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011288



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1