IN THE CASE OF: BOARD DATE: 1 March 2016 DOCKET NUMBER: AR20150009322 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 grandson of a deceased former service member (FSM), requests correction of the FSM’s record to show he was awarded the Purple Heart (PH). 2. The applicant states the FSM's injury was due to a gas attack on 11 October 1918, but he was never awarded the PH. 3. The applicant provides: * two newspaper clippings * a letter dated 13 July 1933 * an affidavit from a fellow Soldier, R__ H_____ * the FSM’s Honorable Discharge Certificate * partial records of the FSM’s enlistment record * a letter from the Lincoln County Veterans Services date 6 May 2015 * the applicant’s birth certificate * the FSM’s birth certificate * the FSM’s death 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 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. On 18 May 1917, the FSM enlisted in the Regular Army (RA). 4. The FSM’s enlistment record shows: a. He was engaged in the following battles, engagements, skirmishes and expeditions: * Aise Aisne from 26 August 1918 to 6 September 1918 * Meuse-Argonne from 26 September 1918 to 26 November 1918 b. Wounds received in Service: * Gassed – 11 October 1918 5. On 18 May 1919, he was honorably discharged by reason of convenience of the government. 6. Army Regulation 600-95 (Authority for Wearing, and Supply of, Wound and War Service Chevrons) provided for award of a wound chevron for wounds sustained in action during World War I. This regulation authorized award of a wound chevron to any member of an authorized military establishment who received a wound in action with an enemy of the United States that necessitated treatment by a medical officer. The regulation further stated that a wound chevron was not authorized in any case where medical treatment was not given. 7. The PH was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War. In 1932, it was reestablished by the President of the United States per War Department General Orders Number 3. It was awarded in the name of the President of the United States to any member of the Armed Forces or any civilian national 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, died or sustained wounds as a result of hostile action. 8. War Department Circular Number 6, dated 22 February 1932, published the initial criteria for the reestablished PH and ended authorization for award of the wound chevron. The circular stated awards of the PH for acts or service performed prior to 22 February 1932 would be confined to the following persons: a. Members of the Army of the United States who were awarded the Meritorious Service Citation Certificate for expeditionary service in World War I; b. Individuals authorized to wear the wound chevron and who made application for the PH; and c. Individuals not authorized to wear the wound chevron prior to 22 February 1932 who would otherwise have been authorized to wear that decoration under the provisions of Army Regulation 600-95. DISCUSSION AND CONCLUSIONS: The evidence of record shows the FSM was wounded as a result of hostile action (gassed) on 11 October 1918 while serving in Europe during World War I. Therefore, he is entitled to a correction of his record to show he was awarded the PH. 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 awarding the FSM the PH for wounds received in action on 11 October 1918. _________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) AR20150007519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009322 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1