IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140021304 


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 an official document showing all of his late father-in-law's awards and decorations as a combat infantryman during World War I.

2.  The applicant states the former service member (FSM) served in World War I as an infantryman but never talked about his service and when he passed away he left no records of that service.  The available records show where and when he served but not what awards he was authorized or awarded.  The family would like to have an official record of his awards and decorations.

3.  The applicant provides copies of proof of kinship, and World War I Honorable Discharge document, and a 1978 Department of Veterans' Affairs death informational letter.

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.  It is believed that the FSM's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  The Honorable Discharge Certificate shows –

* honorable Army Service from 1 April 1918 through 10 May 1919
* advancement to private
* last duty assignment with Company H, 140th Infantry Regiment 
* participation in the St. Michiel (Mihiel) Drive – 28 August 1918 to 5 September 1918, Argonne Drive – 26 September 1918 to 30 September 1918
* wounded in the Argonne Forest on 30 September 1918
* issued a silver victory button on 9 September 1919
* an award set for the WW I Victory Medal was to be forwarded to the FSM on 28 March 1921

4.  The discharge certificate does not show the FSM's military occupational specialty or what unit or units he served with in France.

5.  The FSM died on 6 February 1978.

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

   a.  The World War I Victory Medal was established by War Department General Order 48,dated  1919, for service between 6 April 1917 and 11 November 1918. 
   
   (1)  The award consisted of a bronze service medal, with battle or country 
clasps, a lapel button, and ribbon.
   
      (2)  Battle clasps were awarded for each of the major operations for
individuals actually present under competent orders.  The clasps, with a star
 on each side of the name of the campaign or one of the defensive sectors, were worn on the suspension ribbon for the following campaigns: 
   
* Cambrai, 20 November – 4 December 1917
* Somme Defensive, 21 March – 6 April 1918
* Lys, 9–27 April 1918
* Aisne, 27 May – 5 June 1918
* Montdidier-Noyon, 9–13 June 1918
* Champagne-Marne, 15–18 July 1918
* Aisne-Marne, 18 July – 6 August 1918
* Somme Offensive, 8 August – 11 November 1918
* Oise-Aisne, 18 August – 11 November 1918
* Ypres-Lys, 19 August – 11 November 1918
* St. Mihiel, 12–16 September 1918
* Meuse-Argonne, 26 September – 11 November 1918
* Vittorio Veneto, 24 October – 4 November 1918

		(3)  The lapel button issued is bronze, except for personnel who were wounded in action the lapel button was awarded in silver.

   c.  The Purple Heart:
   
   (1)  The Purple Heart is the descendent of the "Badge of Military Merit", established during the Revolutionary War, by General George Washington at Newburgh, NY on 7 August 1782.  The Badge of Military Merit was purple heart of cloth edged with a narrow lace.
   
   (2)  During World War I, Soldiers who were wounded in action were recognized by award a Meritorious Service Citation Certificate, Army Wound Ribbon, were authorized to wear Wound Chevrons, and were issued of a Silver Victory Lapel Button.
   
   (3)  General Pershing (as Army Chief of Staff) suggested the award be revived in 1918; however, no action was taken on this recommendation.  The revival of the Badge of Military Merit was again considered in 1927 without success.  General Douglas MacArthur (then Army Chief of Staff) did revive the award on 22 February 1932, the 200th anniversary of George Washington’s birth, and it was renamed it the "Purple Heart" with some eligibility adjustments.  At that time the award was made retroactive for Soldiers wounded on or after 5 April 1917. 
   
   (4)  The Purple Heart has continued to undergo changes with respect to the criteria for award and who is authorized receipt of the award.  It is now awarded to service member who after 5 April 5 1917 has been wounded, killed, or has died as a result of wounds as a result of hostile action.
   
   (5)  The Meritorious Service Citation Certificate, Army Wound Ribbon, and Wound Chevrons are no longer authorized or carried as awards or uniform devices.
DISCUSSION AND CONCLUSIONS:

1.  Because of the loss of the FSM's military records in the 1973 St. Louis fire, it is impossible to fully validate all of the awards which the FSM may have been authorized and/or awarded.  However, based on the limited available evidence it would be appropriate to correct the records to show that the FSM was authorized the awards and decorations shown below.

2.  The FSM is shown to have served in France during World War I and participated in the St. Mihiel and Meuse-Argonne campaigns.  Therefore he is authorized award of the World War I Victory Medal with the St. Mihiel and Meuse-Argonne campaigns clasps.

3.  He was wounded in action on 30 September 1918.  At the time of the FSM's release from active duty he would have been authorized a Meritorious Service Citation Certificate and the Army Wound Ribbon to recognize this fact.

4.  With the subsequent revisions to the criteria for award of the Purple Heart the Meritorious Service Citation Certificate and the Army Wound Ribbon have been superceded by the Purple Heart.

5.  Therefore, it is appropriate to show that the FSM was wounded in action during 30 September 1918 and award him the Purple Heart for those wounds.

6.  At the time of the FSM's service the World War I Victory Medal Lapel Button was issued in either bronze or silver.  Because the FSM was wounded in action he is authorized the Silver World War I Victory Medal Lapel Button. 

7.  With the loss of the FSM's records, it would be appropriate to issue the family an appropriate document listing the FSM's honorable service with the inclusion of the above noted 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.  awarding the FSM the Purple Heart for wounds received on 30 September 1918; and

	b.  issuing an appropriate document showing the FSM's:

		(1)  Honorable service with Company H, 140th Infantry Regiment, 70th Infantry Brigade, 35th Infantry Division from 1 April 1918 through 10 May 1919;

   (2)  award of the – 

* Purple Heart
* World War I Victory Medal with the Meuse-Argonne and St. Mihiel campaign clasps
* Silver World War I Victory Medal Lapel Button

c.  issuing the family a complete set of the FSM's awards, decorations and
ribbons.



      ___________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)                                         AR20140021304



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140021304



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1