PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           7 August 2003                  
	DOCKET NUMBER:   AR2003083691

	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. Richard P. Nelson		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Mae M. Bullock		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant, the granddaughter of a deceased former service member (FSM) who served in World War I, requests on behalf of her father (who is the legal next of kin), that her grandfather be posthumously awarded the Purple Heart for wounds sustained in combat.

3.  The applicant states that the FSM sustained fragmentation wounds to his left side (abdomen) on 10 June 1918 in Catigny, France.  She feels that the FSM deserves the Purple Heart as recognition.

4.  In support of her request, the applicant has submitted copies of the FSM’s Form No. 525, A.G.O. (Honorable Discharge from the Army of the United States and Enlistment Record), dated 3 January 1919; Treasury Department Form 581 (Award of Compensation), dated  12 January 1919; a “Brief Military History of Claimant’s Disability”, dated 25 November 1919; a “Brief Military History of Claimant’s Disability”, dated 22 March 1920; Federal Board for Vocational Education Form Med. D (Field Report of Physical Examination), dated 2 August 1920; Federal Board for Vocational Education Form Med. E (Medical Follow-Up Report), dated 26 April 1921 and a copy of the FSM's Death Certificate, dated 15 February 1955.

5.  The FSM’s military records show that he enlisted in the Army on 22 September 1917.  He served as an infantryman with Company F, 16th Infantry, and saw action in the “Toule” Sector and “Catigny” battles on the Western Front.  During his period of military service, the FSM was awarded the World War I Victory Medal with battle clasps for the Montdidier-Noyon and Defensive Sector campaigns.  He was honorably discharged from active duty on 3 January 1919 as a private.

6.  Records show that the National Personnel Records Center prepared a DA Form 1577 (Authorization for Issuance of Awards) on 15 August 2002.  This form authorized the applicant to receive the FSM's World War I Victory Medal and Bronze World War I Victory Button.  This document does not show that battle clasps, service clasps, wound chevrons or the Purple Heart were issued to the FSM.

7.  The FSM's Enlistment Record shows the entry "H.E. fragments left side” under "Wounds Received in Service."  However, the FSM's Enlistment Record does not show the date of this wounding. 

8.  Treasury Department Form 581 (Award of Compensation), dated  12 January 1919 shows that the applicant was awarded “compensation in the amount of $40 per month from the 4th day of January 1919 on account of disability resulting from injury incurred in the line of duty.” 

9.  The “Brief Military History of Claimant’s Disability”, dated 25 November 1919, describes a physical examination and history of wounding by a Doctor C.L. Koehn.  Under the title “History” the FSM describes being wounded in battle on 10 June 1918 at Cantigy, France from H.E. fragments.  Under the title “Physical Examination” Dr. Koehn describes the scar and opines that the wound is “of such a nature that he will never recover entirely.  The explosive fragment-from history and site of injury-penetrated the abdomen.  He is pale, somewhat anemic and has the appearance of one who has not fully recovered serious injury or illness.”  Under the title “Diagnosis” Dr. Koehn has written “Gunshot wound H.E. fragments followed by laceration of abdominal muscles.”

10.  The “Brief Military History of Claimant’s Disability”, dated 22 March 1920, describes a follow-on physical examination by Dr. Koehn which confirms his observations described in paragraph 9, above.  The doctor goes on to state that the FSM is able to perform only part of his former occupation.  He also opines that the FSM’s disability is over 10 percent and is traceable to his military service.

11.  Federal Board for Vocational Education Form Med. D (Field Report of Physical Examination), dated 2 August 1920, shows a diagnosis of “G.S.W.-H.E. fragments followed by laceration of abdominal muscles.”

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.

13.  Paragraph 2-8d of Army Regulation 600-8-22 governs award of the Purple Heart 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.

14.  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.  

15.  Paragraph 6-6 of Army Regulation 600-8-22 governs award of clasps authorized for wear on the Good Conduct Medal, World War I Victory Medal, American Defense Service Medal, Army of Occupation Medal and Antarctica Service Medal.  This paragraph states, in pertinent part, that the World War I Victory battle clasp is a bronze bar with the name of the campaign or words “Defensive Sector,” and with a star at each end of the inscription.  The World War I service clasp is a bronze bar with the name of the country where the service was performed inscribed thereon.

CONCLUSIONS:

1.  The Board considered the applicant's request for posthumous award of the Purple Heart to her grandfather.

2.  The FSM's Enlistment Record shows that he was wounded during his service in World War I however, treatment received on the date of this wounding is not documented in the available military records.

3.  Treasury Department Form 581, two briefs completed by Doctor C.L. Koehn, and Federal Board for Vocational Education Forms Med. D and Med. E, all describe wounds sustained by the FSM as a result of high explosive fragments in World War I, follow-up diagnoses, prognoses and disability compensation.

4.  Based on the foregoing, the Board determined that there is sufficient evidence to show that the FSM was wounded as a result of hostile action during World War I.  As a result, the Board determined that the FSM is entitled to a posthumous award of the Purple Heart for wounds sustained in combat.

5.  The Board noted that the DA Form 1577 issued by the National Personnel Records Center on 15 August 2002 incorrectly authorizes issuance of a Bronze World War I Victory Button.

6.  The FSM is entitled to the Silver World War I Victory Button as a result of wounds sustained in combat.  Therefore, the FSM is entitled to issuance of the Silver World War I Victory Button instead of the Bronze World War I Victory Button.

7.  The Board also noted the absence of battle and service clasps, to be affixed to the FSM’s World War I Victory Medal.

8.  Evidence of record shows that the FSM served in the Montdidier-Noyon and Defensive Sector campaigns, in France.  Therefore, the FSM is entitled to issuance of bronze bar battle clasps for Montdidier-Noyon and Defensive Sector and a bronze France service clasp, all to be affixed to his World War I Victory Medal.

9.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that:

a.  The FSM was posthumously awarded the Purple Heart for wounds sustained during World War I;

b.  The FSM was posthumously issued the Silver World War I Victory Button, and the World War I Victory Medal with Montdidier-Noyon and Defensive Sector battle clasps and France service clasp; and

c.  The applicant, as the representative of the next of kin of the FSM, be issued the posthumous awards.

BOARD VOTE:  

___mmb_  ____tbr__  ____aao_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___________Arthur A. Omartian___
		        CHAIRPERSON

INDEX

CASE ID	AR2003083691	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.