BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002948 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002948 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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: * awarding him the Silver Star for gallantry in action from 18 - 22 July 1918 * awarding him the Purple Heart for wounds sustained as a result of hostile action on 2 October 1918 * awarding him the World War I Victory Medal with battle clasp (Aisne-Marne) * adding the following awards to his DD Form 214 – * Silver Star * Purple Heart * World War I Victory Medal with battle clasp (Aisne-Marne) ______________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. BOARD DATE: 26 October 2017 DOCKET NUMBER: AR20160002948 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 son of a deceased former service member (FSM), requests, in effect, correction of his father’s records to show he was decorated for bravery under hostile fire and awarded the Purple Heart. 2. The applicant states: a. He requests a review of his father’s military records which include documentation of wounds suffered in hostile military actions and an act of bravery performed under extremely dangerous conditions. b. He is writing as the next-of-kin on behalf of the estate of his deceased father. His father served in the U.S. Army during World War I but, unfortunately, his military service records were destroyed in a fire at the National Personnel Records Center in 1973. As a result, the only records remaining of his father’s service are a few worn and weathered documents he has in his possession. c. As with many wartime veterans, his father rarely spoke of his time in the military, but after reading the documents he has, it is apparent he was a dedicated patriot who served with distinction during two separate enlistments. d. Based on the information he has at his disposal, he respectfully requests the Board consider whether his father might have been recognized for his bravery under hostile enemy fire and for the injury he sustained during hostile enemy actions. If there is no indication he was recognized at the time of his actions, he further requests the Board consider posthumous presentation of recognition commensurate with the actions taken by his father during his faithful and dedicated military service and for the injuries he sustained as a result of his World War I service. e. The documents at his disposal show the following about his father’s military service: * He completed two enlistments. * He enlisted on 15 March 1917 and was honorably discharged on 3 November 1919. * He enlisted the second time on 4 November 1919 and was honorably discharged on 3 November 1922. * His wartime action include participation in the Aisne-Marne Offensive from 18 – 23 July 1918, Saizerais Sector, from 12 – 24 August 1918, St. Mihiel Offensive, from 12-16 September 1918, and the Meuse-Argonne Offensive from 1-2 October 1918. * He was wounded in action and was treated from 2-26 October 1918 for mustard gas, absorption of deleterious, and surface contact with burns on the right leg. * He was cited for bravery by order of Major General S____ on 9 August 1918. 3. The applicant provides: * self-authored letter, dated 13 February 2017 * self-authored letter, dated 19 January 2016 * Headquarters, First Division, American Expeditionary Forces General Order Number 46, dated 9 August 1918 * Enlistment Record * Honorable Discharge from the United States Army Certificate, dated 3 November 1922 * War Department, The Adjutant General’s Office letter, dated 21 November 1932 * Certification of Military Service, dated 17 October 2007 * birth certificate 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 his records were lost or destroyed in that fire. However, there are sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case. 3. Headquarters, First Division, American Expeditionary Forces General Order Number 46, dated 9 August 1918, shows the division commander cited the FSM for distinguished conduct during operations of the division south of Soissons, 18-22 July 1918. The document shows he displayed bravery under heavy shell fire while repairing telephone lines. He voluntarily went out to repair lines although it seemed certain death to attempt it. This document was written by the order of Major General S____. 4. The applicant provided an Enlistment Record of poor quality. It appears to show the FSM reenlisted on 4 November 1919 in Marfa, Texas, after prior service in Wagon Company Number 3 wherein his character was recorded as very good. 5. An Honorable Discharge from the United States Army certificate shows the FSM was honorably discharged from military service by reason of expiration of term of service on 3 November 1922. 6. His records contain a document titled “Final Statement”. It shows the FSM enlisted on 2 November 1919 and was honorably discharged due to expiration term of service at Fort Bliss, Texas, on 3 November 1922. It shows he had no time lost and he elected to receive travel pay to his place of enlistment at Marfa, Texas. 7. A letter from the War Department, Adjutant General’s Office, dated 21 November 1932 states the military and medical records of the FSM show: * he enlisted in the Regular Army on 15 March 1917 at Fort Thomas, Kentucky * he served overseas from 14 June 1917 through 19 February 1919 and was honorably discharged on 3 November 1919 at Marfa, Texas, at the rank of private first class from Wagon Company Number 3, Quartermaster Corps, with his character recorded as very good * he reenlisted on 4 November 1919 at Marfa, Texas, and was honorably discharged 3 November 1922 at Fort Bliss, Texas, by reason of expiration of his term of service at the rank of private first class from Pack Train #3, Quartermaster Corps, with his character recorded as excellent * he was treated from 7 August 1918 to 12 August 1918 for tonsillitis, acute, follicular, bilateral * he was treated from 2 October 1918 to 26 October 1918 for gas, mustard, absorption of deleterious, surface contact with burns on the right leg * he was treated from 29 August 1922 to 1 September 1922 for phimosis, congenital (operation refused). 8. A Certification of Military Service, dated 17 October 2007, shows the FSM was a member of the Regular Army from 4 November 1919 through 3 November 1922, when he was honorably discharged. 9. His records do not contain any documents showing he was awarded or authorized any decorations or awards. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Silver Star is awarded to a person who, while serving in any capacity with the U.S. Army, is cited for gallantry in action against an enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, or while serving with friendly foreign forces engaged in armed conflict against an opposing armed force in which the United States is not a belligerent party. Those individuals who, while serving in any capacity with the U.S. Army, received a citation for gallantry in action in World War I published in orders issued by a headquarters commanded by a general officer may convert the citation to the Silver Star upon letter application. b. The Purple Heart is awarded in the name of the President of the United States to members of the Armed Forces of the United States who, while serving under competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917, was wounded or killed, or who died or may hereafter die of wounds received under the following circumstances: * in any action against an enemy of the United States; * in any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; * while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; * as the result of an act of any such enemy of opposing Armed Forces; or * as the result of an act of any hostile foreign force c. The World War I Victory Medal was established by War Department General Order Number 48, dated 1919. The medal is awarded for service between 6 April 1917 and 11 November 1918 or with either of the following expeditions: American Expeditionary Forces in European Russia between 12 November 1918 and 5 August 1919 and/or American Expeditionary Forces Siberia between 23 November 1918 and 1 April 1920. d. Battle clasps are authorized appurtenances to be worn on the World War I Victory Medal, denoting the name of the campaign of participation. e. Among the named U.S. Army Campaigns in World War I is the Aisne-Marne Campaign, from 18 July 1918 through 6 August 1918, which included battle near Soissons, France. DISCUSSION: 1. General Orders, dated 9 August 1918, show the FSM was cited for his display of bravery under heavy shell fire while voluntarily repairing telephone lines during the operations of the First Division, American Expeditionary Forces south of Soissons, France, from 18 July 1918 to 22 July 1918, although it seemed certain death to attempt it. The document shows the citation was under the order of a major general. 2. Regulatory guidance dictates that those individuals who, while serving in any capacity with the U.S. Army, received a citation for gallantry in action in World War I published in orders issued by a headquarters commanded by a general officer may convert the citation to the Silver Star upon letter application. There is no indication the FSM was ever awarded the Silver Star. 3. These General Orders also corroborate the FSM’s participation in the Aisne-Marne Campaign, during World War I, from 18 July 1918 through 6 August 1918, which included battle near Soissons, France from 18 July 1918 to 22 July 1918. This would render him eligible for the World War I Victory Medal with battle clasp for Aisne-Marne Campaign. There is no indication the FSM was ever awarded the World War I Victory Medal with battle clasp. 4. Although the applicant states the FSM participated in numerous other World War I campaigns along with the Aisne-Marne Campaign and a letter from the War Department corroborates the FSM served overseas from 14 June 1917 through 19 February 1919, there is no documentation corroborating his participation in any specific campaigns beyond the Aisne-Marne Campaign. 5. The letter from the War Department, Office of the Adjutant General, states his medical records show he was treated from 2 October 1918 to 26 October 1918 for mustard gas, absorption of deleterious, and surface contact with burns on the right leg. These dates also correspond with the dates of his overseas service in France. This appears to suffice as evidence of record showing he sustained these wounds as a result of hostile action which required treatment by medical personnel and that the treatment was made a matter of official record, which would render him eligible for award of the Purple Heart. His records do not reflect award of the Purple Heart. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002948 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002948 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2