RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         21 March 2006
      DOCKET NUMBER:  AR20050012225


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Yolanda Maldonado             |     |Member               |
|     |Mr. Robert D. Morig               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his deceased grandfather, a
former service member (FSM), be awarded the Purple Heart (PH), three Battle
Clasps with his World War I Victory Medal, and the French Fourragere.

2.  The applicant states, in effect, that his grandfather was awarded the
Columbia Certificate for being wounded in action during World War I.  He
claims this award was given by President Woodrow Wilson and was issued
instead of the PH until that award was reinstituted.  He also indicates
that while his records are no longer available, there are documents on file
that confirm his World War I service.  He also claims that research of the
unit historical records for the FSM's parent division will confirm his
entitlement to three battle clasps, and the French Fourragere, for service
in France.

3.  The applicant provides the following documents in support of the
application:  Self-Authored Letter; Columbia Certificate Pictures;
Honorable Discharge Document; Certification of Military Service; and
National Personnel Records Center (NPRC) Letters, dated 20 January 2003, 27
January 2003, 20 June 2003, and 19 April 2004; and Unit History Pamphlet
Titled 78th Division Summary of Operations in the World War.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 June 1919.  The application submitted in this case is
dated
9 August 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for
review; however, there were sufficient documents remaining in a
reconstructed record for the Board to conduct a fair and impartial review
of this case.  This case is being considered using reconstructed records,
which primarily consists of the documents submitted by the applicant.

4.  The Certification of Military Service on file confirms the FSM entered
active duty in the United States Army on 1 April 1918, and that he served
until being honorably separated on 4 June 1919.

5.  The Honorable Discharge shows the FSM served in the 309th Infantry,
78th Division, and the Columbia Certificate confirms he was wounded in
action during World War I, while serving with his unit in France in 1918.

6.  The 19 April 2004 NPRC Letter provided confirms the FSM's entitlement
to the World War I Victory Medal and World War I Victory Button (Bronze).

7.  The 78th Division Summary of Operations Pamphlet confirms the unit was
organized at Camp Dix, New Jersey in September 1917, and that it was
brought to full strength in April and May 1918, with men from New England,
New Jersey, New York, and Illinois.  The unit history confirms the unit
participated in the
St. Mihiel and Meuse-Argonne campaigns during the months of September
through November 1918.  The 78th Division returned to the United States
between April and June 1919.  The unit history confirms the unit's
entitlement to Battle Clasps for the St. Mihiel, Meuse-Argonne and
Defensive Sector campaigns.

8.  Army Regulation 600-95, in effect at the time, provided for award of a
wound chevron for wounds sustained in action during World War I.  It was
authorized for any member who was wounded in action with an enemy of the
United States, or as a result of such enemy action, which shall have
necessitated treatment by a medical officer.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-8d contains
guidance on award of the PH for wounds sustained in action during World War
I.  It states, in pertinent part, that the PH is authorized 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 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).

10.  Paragraph 5-18 of the awards regulation contains guidance on award of
the World War I Victory Medal.  It states that it was awarded for service
between 6 April 1917 and 11 November 1918.  It also stipulates that battle
clasps with the name of the campaign are authorized for wear with this
award.  Campaigns for which battle clasps are authorized are as follows:
Cambrai; Somme, Defensive; Lys; Aisne; Montdidier-Noyon; Champagne-Marne;
Aisne-Marne; Somme, Offensive; Oise-Aisne; Ypres-Lys; St. Mihiel; Meuse-
Argonne; Vittorio-Veneto; and Defensive Sector.  It also indicates that a
service clasp with the name of the country in which the service was
performed is also authorized with this award, the countries for which
service clasps are authorized include England, France, Italy, Russia, and
Siberia.

11.  Paragraph 6-15 of the awards regulation contains guidance on Lapel
Buttons for service.  Paragraph 6-15a contains guidance on the World War I
Victory Lapel Button.  It states, in pertinent part, that 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 World War
I Victory Medal.

12.  Army Regulation 15-185 (Army Board for Correction of Military Records)
prescribes the policies and procedures for correction of military records
by the Secretary of the Army, acting through the Army Board for Correction
of Military Records (ABCMR).  Chapter 2 outlines ABCMR functions, and it
states, in pertinent part, that the ABCMR is not an investigative body, and
it will decide cases on the evidence of record.  Paragraph 2-9 contains
guidance on the burden of proof.  It states, in pertinent part, that the
ABCMR begins its consideration of each case with the presumption of
administrative regularity.  The applicant has the burden of proving an
error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his grandfather is entitled to the PH
and to other World War I awards was carefully considered and found to have
merit. The evidence of record confirms the FSM served with the 309th
Infantry, 78th Infantry Division during World War I.  It further shows that
he was awarded the Columbia Certificate for being wounded in action while
serving with the 309th Infantry, 78th Infantry Division.

2.  Although the specific dates of the FSM's overseas service are not on
file, it is reasonable to presume from the available documentation that he
joined his unit shortly after his entry into the Army on 1 April 1918, and
that he remained with the unit until it returned to the United States
between April and June 1919, which is corroborated by the fact this period
coincides with the date of his separation, which was 4 June 1919.

3.  The Summary of Operations for the 78th Division confirms the FSM's unit
was authorized three battle clasps, which included St. Mihiel, Meuse-
Argonne, and Defensive Sector, with the World War I Victory Medal.

4.  In view of the facts of this case, based on his receipt of the Columbia
Certificate, it would be appropriate and serve the interest of justice to
award the FSM the PH, for being wounded in action in 1918, while serving in
France with the 309th Infantry, 78th Division, during World War I.  Based
on his service in France with the 78th Division, he is also entitled to the
World War I Victory Medal with St. Mihiel, Meuse-Argonne and Defensive
Sector Battle Clasps and the France Service Clasp, and the World War I
Victory Lapel Button (Silver), which denotes he was wounded in action.

5.  The applicant is advised that the Board is not an investigative body.
It begins its consideration of each case with a presumption of regularity
and the applicant has the burden of proving an error or injustice by a
preponderance of the evidence.  The evidence provided by the applicant, to
included the 78th Division Summary of Operations, fails to show the FSM's
unit was awarded the French Fourragere.  As a result, there is an
insufficient evidentiary basis to support granting this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JNS  _  __YM___  ___RDM_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding him the Purple
Heart, for being wounded in action in France in 1918; and by showing he is
entitled to the World War I Victory Medal with France Service Clasp and St.
Mihiel, Meuse-Argonne and Defensive Sector Battle Clasps; and World War I
Victory Lapel Button (Silver).

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the French Fourragere.




                            _____John N. Slone       __
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050012225                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1919/06/04                              |
|DISCHARGE AUTHORITY     |Cir 106 WD 1918                         |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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