BOARD DATE: 31 August 2017 DOCKET NUMBER: AR20160002474 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: 31 August 2017 DOCKET NUMBER: AR20160002474 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: a. posthumously awarding the former service member the Purple Heart for wounds received in action on 4 November 1918, and b. issuing the Purple Heart and World War I Victory Medal to the applicant. ______________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: 31 August 2017 DOCKET NUMBER: AR20160002474 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 niece of a deceased former service member (FSM), requests correction of her late uncle's military records to show award of the Purple Heart and any other authorized awards to which he may be entitled. 2. The applicant states her uncle was wounded during World War I and he never received the Purple Heart or any medals for his service in World War I. 3. The applicant provides: * self-authored letter, dated 6 June 2017 * document pertaining to the FSM from the Missouri Secretary of the State Archives database * FSM's certificate of death * FSM's Certification of Military Service * National Archives and Records Administration Form 13075 (Questionnaire about Military Service) * U.S. Census, 1930 and 1940 documents * self-authored letter describing a picture hanging on her aunt's wall * her birth certificate and California driver's license 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 the FSM's 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. There is no discharge document in the available records, but the FSM's Certification of Military Service shows he was a member of the National Army from 26 February 1918 to 15 April 1919 and his service was terminated by an honorable discharge in the rank of private. 4. The applicant provided: a. Adjutant General's Office Form 724-1 from the Missouri Secretary of State Archives Soldiers' database showing the FSM was slightly wounded in action on 4 November 1918; b. self-authored letter describing a picture hanging in her aunt's home. The picture stated "[FSM's name, rank, and unit] served with honor in the World War and was wounded in action." It was signed by President Woodrow Wilson; c. 1940 census showing the FSM living at home with his parents; and d. 1930 census showing the FSM's widow and her mother, who are sisters, living with their parents. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. b. The World War I Victory Medal is awarded for service between 6 April 1917 and 11 November 1918. DISCUSSION: 1. The FSM's enlisted service records during World War I are not available and any reasonable doubt should be resolved in the favor of the FSM. 2. The evidence shows he had enlisted service from 26 February 1918 to 15 April 1919 and he was slightly wounded in action on 4 November 1918, which confirms his eligibility for the Purple Heart. 3. The FSM served a qualifying period for award of the World War I Victory Medal. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002474 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002474 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2