IN THE CASE OF: BOARD DATE: 9 February 2016 DOCKET NUMBER: AR20150007393 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 requests his deceased great uncle, a former service member (FSM), be awarded the Purple Heart. 2. The applicant states: * his great uncle was killed in action during World War I on 19 October 1918, during the Meuse-Argonne campaign in France * he enlisted at the age of 16 and served with F Battery, 76th Field Artillery Regiment, 3rd Infantry Division * he is buried at the Meuse-Argonne American Cemetery in France and his family never received or requested the Purple Heart * General John Pershing sent a letter about his death and there are other sources related to his burial that confirm his death * his unit participated in great battles during World War I, including the Champagne Marne defensive and the Aisne-Marne, St. Mihiel, and Meuse-Argonne offensives * the World War I Victory Medal was awarded posthumously and it was sent to his (the applicant's) grandparents 3. The applicant provides: * Twelfth and Thirteenth Census of the United States * World War I Registration Card for his grandfather * Application for Marriage License for his grandfather * Certificate of Death for his grandfather * Birth Certificates for his mother and himself * Baptismal Certificate for his Great Uncle, the FSM * General Pershing Certificate * Image of World War I Victory Medal * Grave Marker * Pennsylvania Record of Death * Spreadsheet of American Battlefield Monuments Commission * Grave Location Sheet * Notification of Death * Correspondence regarding the FSM’s grave marker * Multiple letters and/or emails from the applicant 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 military records were not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his records were lost in that fire. The primary records available are those provided by the applicant. 3. The FSM's available records (Notification of Death) show the FSM served during World War I with F Battery, 75th Field Artillery Regiment, 3rd Infantry Division and he held the rank of private first class. 4. He was killed in action at Cierges in France on 19 October 1918 by a piece of fragment going through his body. Two of his companions were killed by the same shell. He was buried at the Battery position at Cierges, France. 5. General John Pershing, Commander in Chief signed a certificate indicating the FSM was killed in battle on 19 October 1918. The record of his honorable service would be preserved in the archives of the American Expeditionary Forces. 6. Multiple other documents, originating from military personnel of the Cemeterial Division in Europe, dated 1921, confirm his body was buried in Grave 107, Section 93, Plot 3, Meuse-Argonne American Cemetery, and an inscription marker was erected over his grave. 7. One document, dated 9 April 1921, from The Adjutant General to the Quartermaster General, War Department, confirmed that the FSM held the rank of private first class at the time of his death. 8. The FSM's Enlistment Record is not available for review. It is unclear when the FSM entered active duty in the Army. The available records show he was a member of the American Expeditionary Force during World War I with F Battery, 75th Field Artillery Regiment; however, there are no official records to confirm what campaigns or skirmishes he participated in. It is also unclear if the FSM was officially issued any decorations, medals, badges, or citations. 9. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart. a. The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders 3, 1932. 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 component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded (1) In any action against an enemy of the United States; (2) 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; (3) 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; (4) As the result of an act of any such enemy of opposing Armed Forces; or (5) As the result of an act of any hostile foreign force. c. The Purple Heart is authorized for wounds sustained during World War I to any member of the Army, who during World War I, was awarded the Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons. 10. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War I Victory Medal for service between 6 April 1917 and 11 November 1918. This document also shows that battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal. Furthermore, paragraph 6-15a of Army Regulation 600-8-22 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. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the FSM was killed in action on 19 October 1918 while a member of the American Expeditionary Force during World War I. He was buried in France. The FSM is entitled to a posthumous award of the Purple Heart and correction of his records to show this award. 2. The FSM's records show he was killed in action while a member of the American Expeditionary Force. The FSM is also authorized the issuance of the World War I Victory Medal, albeit without a Clasp because it is unknown what campaigns he participated in, and correction of his records to show 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: * showing the FSM was posthumously awarded the Purple Heart for wounds sustained during World War I on 19 October 1918 * issuing the applicant, as the next of kin to the FSM, the posthumous award of the Purple Heart and the World War I Victory Medal * issuing the applicant an appropriate document listing the Purple Heart and the World War I Victory Medal _______ _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) AR20150007393 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007393 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1