IN THE CASE OF:	  

		BOARD DATE:	  7 April 2015

		DOCKET NUMBER:  AR20140013878 


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) and World War I veteran, requests:

* correction of the FSM's Enlistment Record to show wounds received in service
* award of the Prisoner of War (POW) Medal to the FSM
* award of campaign medals to the FSM
* reissuance of the FSM's Purple Heart (PH) medal set

2.  The applicant states:

* the only medal the FSM had in his possession was the PH and it was destroyed in a house fire
* there seems to be a discrepancy in the date the FSM was discharged and the date he actually returned home
* the FSM was discharged on 1 July 1919, but he did not return home until 2 years later and the family would like to know his whereabouts
* it is unclear whether the FSM was a POW or if he was hospitalized due to his gunshot wound

3.  The applicant provides:

* his birth certificate
* Standard Form 180 (Request Pertaining to Military Records)
* FSM's death certificate
* FSM's Honorable Discharge Certificate
* FSM's Enlistment Record
* letter from the War Department, dated 3 April 1933
* letter from the State Service Commissioner, American Legion Headquarters, dated 6 May 1933

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 and medical records are 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 the FSM's records were lost or destroyed in that fire.  This case is being considered using the FSM's Honorable Discharge Certificate, the letter from the War Department, and the letter from the State Service Commissioner provided with the application.

3.  The FSM's Honorable Discharge Certificate and Enlistment Record shows:

* he enlisted or was inducted into the U.S. Army on 19 September 1917
* he departed the continental United States on 12 June 1918 and returned on 16 June 1919
* he served in France and Germany and was assigned as follows:

*	Company G, 163d Infantry Regiment, during the period 12 June 1918 to 11 July 1918
*	Company C, 16th Infantry Regiment, during the period 12 July 1918 to 16 June 1919

* he participated in the following campaigns:

*	St. Mihiel during the period 12 September through 15 September 1918
*	Argonne Woods (Meuse-Argonne) during the period 8 October through 12 October 1918

* "Decorations, medals, badges, and citations:  None"
* "Wounds received in service:  None"

4.  The applicant provided copies of the following correspondence:

	a.  A letter from the War Department, dated 3 April 1933, shows the FSM was awarded the PH for wounds received in action on 9 October 1918 while serving as a private first class with Company C, 16th Infantry Regiment.

	b.  A letter from the State Service Commissioner, American Legion Headquarters, dated 6 May 1933, shows that organization was notified by the War Department of the FSM's award of the PH because of a gunshot wound received in action.

5.  The available records are void of and the applicant failed to provide evidence showing the FSM was held as a POW.

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states service medals and ribbons do not require the publication of orders to announce their approval.  Approval of service medals and ribbons are based on administrative determinations rendered by the commander or servicing personnel officer.  These decisions should, however, be reflected in an appropriate memorandum, letter, or form addressed to the affected Soldiers.

	a.  The World War I Victory Medal was established by War Department General Order Number 48, dated 1919.  The medal was awarded for service between 6 April 1917 and 11 November 1918 or with either of the following expeditions:  (1) American Expeditionary Forces in European Russia between 12 November 1918 and 5 August 1919 and (2) American Expeditionary Forces Siberia between 23 November 1918 and 1 April 1920.

	b.  Battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal.  The service clasps are authorized for the following countries:  England, France, Italy, Russia, and Siberia.

	c.  The Silver World War I Victory Button was issued to persons wounded in action during World War I and the Bronze World War I Victory Button was awarded to all others.

	d.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service and who were taken prisoner and held captive:

* while engaged in an action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* by foreign armed forces that are hostile to the United States under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict

7.  Service medals and awards are not issued by the ABCMR.  However, the applicant may obtain the FSM's medals by submitting his request in writing to:  National Personnel Records Center, ATTN:  Army Reference Branch, 1 Archives Drive, St. Louis, MO  63138.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends the FSM failed to return home for 2 years after his discharge, the available records are void of evidence indicating he was discharged at a later date.  In the absence of evidence to the contrary, it is presumed that his Honorable Discharge Certificate is correct.

2.  The available records are void of and the applicant failed to provide evidence showing the FSM was held as a POW.  Therefore, there is an insufficient evidentiary basis for award of the POW Medal.

3.  Records show the FSM was awarded the PH for wounds received in action on 9 October 1918 while serving as a member of an American Expeditionary Force.  Therefore, the FSM is entitled to issuance of the PH, World War I Victory Medal with service clasp for France and battle clasps for St. Mihiel and Meuse-Argonne, and Silver World War I Victory Button.

4.  The form used to record the FSM's enlisted service is no longer in use.  Therefore, this Record of Proceedings will serve to record his wounds received in action and award entitlements.  As such, no other records correction is appropriate.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  The applicant is encouraged to contact the National Personnel Records Center for issuance of the FSM's awards and decorations based on the evidence presented in this Record of Proceedings.



      ___________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)                                         AR20140013878



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ABCMR Record of Proceedings (cont)                                         AR20140013878



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