ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 May 2019 DOCKET NUMBER: AR20160015922 APPLICANT REQUESTS: The applicant requests the records of her late father, a former service member (FSM), be corrected by awarding him the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Letter to Army Review Boards Agency (ARBA), dated 5 September 2016 * Letter from Veterans Administration, dated 20 June 1956 * Statement of hospitalization or out-patient treatment, dated 27 May 1958 * FSM death certificate * National Personnel Records Center (NPRC) letter to FSM's daughter, dated 18 July 2005 * Letter to U.S. Army Heritage and Education Center (AHEC), undated * Letter from AHEC, dated 17 November 2005 * Letter to clothing and heraldry, dated 12 May 2016 * Letter to U.S. Army Human Resources Command (HRC) award and decorations branch, dated 15 July 2016 * Memorandum from HRC, dated 29 July 2016 * Letter to FSM's daughter, dated 29 July 2016 * Enlistment record * FSM's AGO Form 525 (Honorable Discharge from the United States Army), dated 3 June 1919 * Letter from ARBA, dated 10 July 2018 * Letter to ARBA, dated 2 August 2018 * Certificate of Birth (X__) * Certificate of baptism * Certificate of death (X__) * Certificate of marriage registration * Certificate of marriage * Driver license (X__) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she would like to verify that her father was entitled to a Purple Heart as he was gassed during World War one (WWI) and told the applicant he was very sick. He suffered until his death with difficulty breathing, chronic bronchitis, and emphysema. Per military personnel records, St. Louis, MO, the record needed to answer her inquiry is not in military personnel records files. If the record were there on 12 July 1973 it would have been in the area that suffered the most damage in the fire on that date and may have been destroyed. The fire destroyed the major portion of records of Army personnel for the period 1912 through 1959. She contacted HRC and they could not verify. The applicant want to award a Veteran who was wounded (gassed) during WWI in a combat zone. Character was excellent. Dates and organization served as follows: * Company B, 131st Infantry Regiment, 66th Infantry Brigade , 33rd Infantry Division * Enlisted June 17, 1917 – June 3, 1919 * Served in France July 26, 1918 – May 22, 1919 * Argonne-Meuse offensive * Troy on sector, Meuse –Troy on sector * Meuse-Troy on sector operations 3. The applicant provides: a. Letter from Veterans Administration, dated June 20, 1956, which states an award of pension has been made to you as shown for the following disabilities which are considered to be permanently and totally disabling (general medical condition). b. Statement of hospitalization or out-patient treatment, dated May 27, 1958, for duodenal ulcer with hemorrhage, (ASHD) Arteriosclerotic heart disease, and chronic bronchitis. Date of admission 27 May 1958 until date of disposition 31 July 1958. c. FSM death certificate showing date of death of 7 January 1968. d. NPRC letter to FSM's daughter, dated July 18, 2005, explaining that no record are within the files is the record was there it may have been destroyed in the fire on 12 July 1973. NPRC was able to verify entitlement to the following awards: World War I Victory Button (Bronze) and World War I Victory Medal. e. Letter to AHEC, explaining FSM's service and requesting any and all details and information relevant to the FSM's service record. f. Letter from AHEC, stating in review of the FSM's remembrances of being gassed they enclosed some details found on the events. There was no specific records to identify the FSM by name as a casualty. An extract taken from the book The 131st U.S. Infantry in the World War, page x lists the number of “gassed” casualties for the Regiment. Noted is the distinction between “severe” and “slightly gassed”. For the Argonne-Meuse Offensive dating from September 26th through November 11th a total of 656 Soldiers were slightly gassed, while 18 Soldiers were severely affected. Based on the family history presented and a review of the FSM's record it is suspected he was among the larger group of Soldiers affected by the gasses. He may have required minimum to no medical care. He may also have been able to effectively use a supplied gas mask during the assaults. There is no indication in his record of having been wounded/gassed severely. Based on this information it doesn’t appear that the FSM received a wound stripe for injuries received from the gassings. Thus he isn’t eligible for the later developed Purple Heart. g. Letter to the clothing and heraldry, dated 12 May 2016, explaining FSM's service and requesting any and all details and information relevant to the FSM's service record. She also explained previous communication between previous agencies. h. Letter to HRC awards branch, dated 15 July 2016, requesting for verification of the FSM's entitlement to the Purple Heart and any other awards for his service during WWI. i. Letter from HRC, dated 29 July 2016, stating based on review of the forwarded documentation and additional resources available to HRC awards branch, they were unable to verify the FSM was entitled to the Purple Heart. The Purple Heart was not originally awarded during World War I. Soldiers who received a wound in action with the enemy, or as the result of an act of the enemy, were authorized to wear Wound Chevrons. Wound Chevrons were only authorized for wounds which necessitated treatment by a medical officer. The Wound Chevron were worn on the lower half of the right sleeve of all uniform coats. HRC suggested the applicant to contact the National Archives in Washington, DC to obtain documentation showing the FSM was eligible to wear a Wound Chevron or had been awarded a Meritorious Service Citation Certificate. j. Memorandum from HRC stating the FSM was entitled to the above mentioned awards. k. Letter from ARBA, dated July 10, 2018, stating inability to process the application (DD Form 149) because no documentation had been provided to prove the relationship to the FSM. l. Letter to ARBA, dated August 2, 2018, in response to ARBA letter she submitted all requested documentation to prove relationship. m. Enlistment record of the FSM, showing he enlisted on 17 June 1917. n. Honorable Discharge from the United States Army certificate dated 3 June 1919, showing the FSM was discharged from the military service of the United States. It shows his rank was private and he served in Co B 131st Infantry. o. Certificate of birth, showing the applicant was born of the FSM on X November XXXX. p. Certificate of baptism further showing her father the FSM. q. Death certificate of the spouse of the FSM showing a date of death as 21 January 1978. r. Certificate of marriage registration and certificate showing the applicant married out of the FSM's last name effective 12 July 1975. s. Driver license showing address change from time she applied to date additional information was required. 4. 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 are as follows: a. Enlistment Record shows the FSM entered active duty in the Army on 17 June 1917 in Brooklyn, NY. b. He served as a member Company B, 131st Infantry Regiment. c. Honorable Discharge from the United States Army Certificate, dated 3 June 1919, showing the FSM was discharged from the military service of the United States. It shows his rank was private and he served in Company B, 131st Infantry. 5. The FSM's Honorable Discharge and Enlistment Record do not show he was issued any decorations, medals, badges, or citations. Memorandums from NPRC and HRC shows he was authorized: * World War I Victory Button (Bronze) * World War I Victory Medal 6. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. Based upon a review of the documentary evidence presented by the applicant and found within the military service record, the Board found insufficient evidence of a specific date in which the FSM was injured as part of enemy contact, which is a requirement for awarding the Purple Heart. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. Paragraph 2-8d governs award of the Purple Heart authorized for wounds sustained during World War one (WWI). In pertinent part, this paragraph authorizes award of the Purple Heart to any member of the Army, who during WWI, was awarded the Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons. ABCMR Record of Proceedings (cont) AR20160015922 6 1