IN THE CASE OF:  	  

		BOARD DATE:  4 June 2015	  

		DOCKET NUMBER:  AR20140017910 


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 posthumous award of the Purple Heart to his late grandfather, a former service member (FSM), for wounds his grandfather received during World War I (WWI) in France on 6 October 1918.

2.  The applicant states, as a next-of-kin, he discovered the Purple Heart medal was not issued to his grandfather at that time; however, it is now retroactive to 1917.  

3.  The applicant provides copies of the following:

* FSM's Enlistment Record, AGO Form 525 (Honorable Discharge 
   Certificate), and death certificate
* his father's birth and death certificates
* his birth certificate
* his letter to the Army Review Boards Agency (ARBA)

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The FSM's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there was sufficient documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The FSM's available Enlistment Record and AGO Form 525 show he was inducted into the U.S. Army on 17 September 1917 and he was honorably discharged on 24 May 1919.  The dates of his service in France during WWI are not available.

4.  The battles, engagements, skirmishes, and expeditions section of the FSM's Enlistment Record shows the entry "Argonne Forrest, France, 6 October 1918" and the wounds received in the service section of this document shows the entry "Left arm...shrapnel wound...."  The document also contains the entry, "Decorations, Medals, Badges, Citations – None."

5.  The FSM died on 16 June 1985.

6.  In a letter, dated 21 July 2014, the applicant advised, in response to ARBA's request for proof of his relationship to the FSM, that he was providing copies of his father's (who was the FSM's son) birth and death certificates and his birth certificate proving he was the FSM's grandson.

7.  Army Regulation 600-8-22 (Military Awards) states:

   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 Number 3 in 1932.  It was awarded in the name of the President of the United States to any member of the Armed Forces 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.




   b.  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 by medical personnel, and the medical treatment must have been made a matter of official record.

   c.  The WWI Victory Medal was established by War Department General Order 48, dated 1919.  The medal is 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 or (2) American Expeditionary Forces Siberia between 23 November 1918 and 1 April 1920.  Battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the WWI Victory Medal. 

   d.  Battle clasps are authorized for the WWI Victory Medal for participation in the Meuse-Argonne campaign.

   e.  Service clasps are authorized for the WWI Victory Medal for service in France.

   f.  Bronze service stars are authorized for the WWI Victory Medal based on unit participation in designated campaigns.

   g.  The WWI Victory Button is a five-pointed star 5/8-inch in diameter on a wreath with the letters "U.S." in the center.  For persons wounded in action, the lapel button is silver; for all others, the lapel button is bronze.  Eligibility requirements are the same for the WWI Victory Medal.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's Enlistment Record indicates he suffered an injury to his left arm during a battle in the Argonne Forrest in France on 6 October 1918.  Therefore, the FSM is entitled to a posthumous award of the Purple Heart.

2.  The FSM's records show that he served from 17 September 1917 through 26 May 1919.  He served a qualifying period and is eligible for the WWI Victory Medal with one battle clasp for his participation in the Argonne campaign.  It appears he is also eligible for a bronze service star for the WWI Victory Medal based on unit participation in the Argonne campaign.

3.  Based on his service in France, he is eligible for the service clasp inscribed "France."  

4.  Based on his injury during WWI, he is also eligible for a silver WWI Victory Button.

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 and to excuse failure to timely file.  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 in action in France on 6 October 1918
* issuing the applicant, as the next of kin to the FSM, the:

* Purple Heart
* World War I Victory Medal with France Service Clasp, Meuse-Argonne Battle Clasp, and one bronze service star
* World War I Victory Button (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)                                         AR20140017910





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ABCMR Record of Proceedings (cont)                                         AR20140017910



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