PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            18 November 2003
	DOCKET NUMBER:   AR2003085617

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Mark D. Manning		Member	
	Ms. Barbara J. Ellis		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 requests that her deceased cousin, a former service member (FSM), be issued the posthumous award of the Purple Heart (PH) for injuries that he sustained while in battle during World War I.

3.  The applicant states that the FSM was never awarded a PH for his injuries during his service in World War I and that even though this request is over 84 years in the making, the FSM is deserving of the honor of being awarded the PH. Counsel contends that this case is related both genealogically and evidentially to a second case that is presently part of a separate petition for the same type of award, which requires the application and consideration of the same evidence of record that has been submitted in this case.  Counsel requests that an effort be made to incorporate the evidence of this case with the case of the FSM’s brother who was present at the same battle location and killed in action.  

4.  Counsel further contends that the two cases are the result of one historical event and that they are inextricably intertwined from the perspective of the evidence of record, from a historical perspective, and as they relate to the interest of this family to embrace its genealogical record.  In support of her application, the applicant submits a chronology on the life of the FSM; a Freedom of Information Act from the National Archives and Records Administration, which provides information regarding the FSM; a copy of the FSM’s Military Service Record; a copy of a of a newspaper clipping dated 29 September 1918, which reflects that the FSM was wounded in action and that his brother was killed in action; pictures of the FSM and his brother; a copy of the FSM’s Certificate of Death; and a copy of her family tree, which explains her relationship to the FSM.

5.  The FSM’s military records show that he was inducted into the National Army on 21 September 1917.  He was assigned to Company B, 135th Infantry Regiment, 34th Division on 26 October 1917, and he was promoted to the rank of private first class in March 1918.  He was transferred to France on 27 June 1918 and he was assigned to Company L, 166th Infantry Regiment, 42nd Division (The Rainbow Division).

6.  The FSM began Campaign-Marne participation at Chateau-Thierry on 25 July 1918.  On 29 July 1918, the FSM was wounded by shrapnel in his left shoulder.  He was hospitalized in Paris on 30 July 1918, and he remained hospitalized until 21 August 1918.  Although he was released from the hospital, he remained under doctor’s care until 13 October 1918.

7.  He returned to the Continental United States and he arrived in Newport News, Virginia on 1 January 1919.  He was transferred to Camp Custer, Michigan, where he was honorably discharged from the National Army on 24 January 1919.

8.  The FSM died on 10 October 1976.

9.  His Enlistment Record shows that his awards include one Silver Button.  However, on 28 October 2002, the National Personnel Records Center informed the applicant’s son that the FSM is authorized the World War I Victory Medal w/Defensive Sector and the World War I Victory Button (Silver).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and 
(3) the medical treatment was made a matter of official record.

11.  The same regulation provides, in pertinent part, that the PH is awarded in the name of the President of the United States (US) to any member of an Armed Force or any civilian national of the US who, while serving under competent authority in any capacity with one of the US Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded in action against an enemy of the US.

CONCLUSIONS:

1.  The PH traces its history back to the Revolutionary War.  In 1782 General George Washington established a cloth heart-shaped award called the Badge of Military Merit.  The badge was awarded only three times and fell into disuse following the end of the war.  In 1932, on the 200th anniversary of George Washington’s Birthday, Congress revived the badge for award to members of the Army.

2.  At the time that the FSM was wounded in action, the PH had fallen into disuse.  However, he is clearly entitled to the PH and his records should be amended accordingly.

3.  Additionally, the records show that he is entitled to the World War I Victory Medal w/Battle Clasp “Defensive Sector” (Aisne-Marne Campaign) with France Service Clasp and the World War I Victory Button (Silver), for his participation in Campaign-Marne at Chateau-Thierry.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the posthumous award of the Purple Heart for the shrapnel wound that he received to his left shoulder on 
29 July 1918, while at Chateau-Thierry, during World War I.

2.  That he be awarded the the World War I Victory Medal w/Battle Clasp “Defensive Sector” (Aisne-Marne Campaign) with France Service Clasp and the World War I Victory Button (Silver) for his participation in Campaign-Marne.

BOARD VOTE:  

___be___  __mdm__  ___js ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2003085617	
SUFFIX		
RECON		
DATE BOARDED	2003/11/18	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000/AWARDS	
2.  61	107.0015/PURPLE HEART	
3.  105	107.0059/WWI VICTORY MEDAL	
4.		
5.		
6.