IN THE CASE OF:	    

		BOARD DATE:	  4 June 2015

		DOCKET NUMBER:  AR20140017913 


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 the records of his father, a deceased former service member (FSM), be corrected to show he was awarded the Purple Heart for wounds sustained in action in Soissons, France on 18 July 1918.

2.  The applicant states the FSM was wounded in a major counteroffensive in Soissons, France on 18 July 1918.

3.  The applicant provides:

* Enlistment Record
* Honorable Discharge Certificate
* U.S.A. Citizenship
* death certificate
* newspaper obituary
* U.S.A. passport application
* embassy document

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 Enlistment Record provides a synopsis of his military service while in the U.S. Army.  This document indicates:

   a.  he enlisted in the Army on 2 June 1917, at Boston, MA.  He subsequently served in Company L, 9th Infantry Regiment, American Expeditionary Forces, France, for the period 14 September 1917 to 10 March 1919; 

   b.  he was involved in battles, engagements, skirmishes, or expeditions at an unknown location from March to May, Chateau Thierry from 1 June to 9 July, and Soissons from 17 to 18 July 1918; and
   
   c.  he sustained a machine gun bullet wound to the left arm while in combat at Soissons [France] on 18 July 1918.  This form further shows the FSM's physical condition at the time of his discharge was "Good."
   
4.  The FSM's Enlistment Record also contains two stamps.  One stamp indicates the FSM received a Silver World War I Victory Button.  The other stamp indicates he received the World War I Victory Medal with battle clasps for the Aisne, Champagne-Marne, Aisne-Marne, and Defensive Sector campaigns. 

5.  Paragraph 2-8d of Army Regulation 600-8-22 (Military Awards) governs award of the Purple Heart authorized for wounds sustained during World War I.  In pertinent part this paragraph authorizes award of the Purple Heart to any member of the Army, who during World War I, was awarded a Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons.  Those not authorized wound chevrons prior to 22 February 1931, but who would otherwise be authorized them under the stipulations of Army Regulation 600-95 (Authority for Wearing, and Supply of, Wound and War Service Chevrons).  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

6.  Army Regulation 600-95 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 shall have received a wound in action with an enemy of the United States, or as a result of such enemy, which shall have necessitated treatment by a medical officer.  The regulation further stated that a wound chevron is not authorized in any case where medical treatment is not given.

7.  Paragraph 6-15a of Army Regulation 600-8-22 governs award of the World War I Victory Button.  This paragraph 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.  

8.  Paragraph 5-18 of Army Regulation 600-8-22 governs award of the World War I Victory Medal.  The regulation states that the World War I Victory Medal is awarded for service between 6 April 1917 and 11 November 1918.

9.  Paragraph 6-6 of Army Regulation 600-8-22 governs, in pertinent part, service clasps which may be worn on the World War I Victory Medal.  The following service clasps are authorized for service in the following countries:  

	a.  England.
	b.  France.
	c.  Italy
	d.  Russia
	e.  Siberia.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the FSM is entitled to award of the Purple Heart for wounds sustained in action in Soissons, France on 18 July 1918.

2.  The records available for review of the FSM's service clearly show that he sustained a machine gun wound to the left arm while in battle in Soissons, France on 18 July 1918.  In addition, his Enlistment Record shows he received the Silver World War I Victory Button which was issued to persons wounded in action during World War I.  Therefore, he meets the criteria for award of the wound chevron which was the appropriate award for battle injuries sustained at that time.  

3.  Based on the FSM's entitlement to award of a wound chevron, he meets the criteria for award of the Purple Heart.  Therefore, it would be appropriate in this case to posthumously award the FSM the Purple Heart for wounds sustained in action in Soissons, France on 18 July 1918 and to amend his records to show this award.

4.  Records show the FSM served in the France during World War I.  Therefore, the FSM's records should be corrected to show award of the France service clasp to be affixed to his previously awarded World War I Victory Medal.

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 posthumously awarding the FSM the Purple Heart for wounds sustained in Soissons, France on 18 July 1918 and the France service clasp to be affixed to his previously awarded 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)                                         AR20140017913



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ABCMR Record of Proceedings (cont)                                         AR20140017913



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