IN THE CASE OF:  	  

		BOARD DATE:  28 July 2015	  

		DOCKET NUMBER:  AR20140021381 


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) who served in World War I, requests correction of the FSM's records to show he was awarded the Purple Heart, Silver Star, and any other awards he is authorized.  She also requests to be issued the medals. 

2.  The applicant states the FSM’s discharge document shows "none" in regards to medals and badges, but his service records show his entitlement to the Purple Heart and Silver Star.

3.  The applicant provides:

* the FSM's Enlistment Record
* the FSM's Honorable Discharge Certificate 
* the FSM's Certificate of Death
* Headquarters, 131st Infantry Regiment General Orders Number 59, dated 28 May 1919
* a list of men of the 131st Infantry Regiment who were cited for gallantry
* Meritorious Conduct Citations 
* seven pages of the FSM's military records

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the FSM's records were lost or destroyed in that fire; however, there are sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The FSM's Enlistment Record provides a synopsis of his military service in the U.S. Army.  This document indicates:

   a.  he enlisted or was inducted on 25 February 1918 at New Hampton, IA;

   b.  he was involved in battles, engagements, skirmishes, or expeditions at an unknown location;

   c.  no decorations, medals, badges, or citations are recorded;

   d.  he received one wound while in service; and 

   e.  his character of service was "excellent."

4.  The FSM's Enlistment Record also contains a stamp indicating he received one Silver World War I Victory Button.

5.  The FSM's available records include documentation confirming he received a gunshot wound to the right forearm on 26 September 1918.  The documentation also shows he was serving in France.

6.  The FSM's Honorable Discharge Certificate shows he was separated on 
19 May 1919.

7.  The FSM's records include an Individual Record of Decorations and Citations, dated 8 August 1920, indicating he was cited for award of the Silver Star in General Orders Number 55, dated 17 May 1919, issued by Headquarters, 33rd Division.

8.  His records include a second Individual Record of Decorations and Citations also indicating he was cited in General Orders Number 55, issued by Headquarters, 33rd Division, dated 17 May 1919, for gallantry in action.  This form also includes the statement:  "Previous award of Silver Star for this act cancelled."  This statement is interpreted to mean there was a duplicate award of the Silver Star pertaining to the FSM.

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

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

 	b.  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.
 
 	c.  The World War I Victory Medal is awarded for service between 6 April 1917 and 11 November 1918.

	d.  A service clasp with the name of the country in which the service was performed is authorized for wear on the World War I Victory Medal.  The following service clasps are authorized for service in England, France, Italy, Russia, and Siberia.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM is entitled to award of the Purple Heart and correction of his records to show the Silver Star and the Purple Heart.

2.  The FSM's available records clearly show he sustained a gunshot wound to his right forearm on 26 September 1918.  Additionally, 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, it would be appropriate to posthumously award the FSM the Purple Heart for wounds sustained in action on 26 September 1918 and to amend his records to show this award.

3.  The FSM's records show he was awarded the Silver Star for gallantry in action.  Therefore, his records should be corrected to show this award.

4.  The FSM records also show he served in France during World War I.  Therefore, he is authorized the France service clasp to be affixed to his the World War I Victory Medal and correction of his records to reflect 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 sustained in action on 26 September 1918;

	b.  amending his Enlistment Record to show the Purple Heart, Silver Star, and the World War I Victory Medal with France service clasp; and

	c. directing the appropriate agency to issue the appropriate medal sets to the applicant.



      ___________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)                                         AR20140021381



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ABCMR Record of Proceedings (cont)                                         AR20140021381



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