ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    22 April 2019

	DOCKET NUMBER:  AR20160017373


APPLICANT REQUESTS:  award of the Purple Heart to his grandfather, a former service member (FSM).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Certificates of Birth
* Enlistment Record
* The Official Roster of Ohio Soldiers, Sailors, and Marines in the World War 1917-18, Volume XVIII
* Honorable Discharge Certificate

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 the FSM was wounded in military service by shrapnel to the right shoulder.

3.  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 (NPRC), St. Louis, MO, in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents the applicant provides.

4.  The FSM's Enlistment Record shows he entered active duty on 26 May 1918.  He served with the American Expeditionary Forces in France, leaving the United States on 21 July 1918) and returning on 11 February 1919.  He was credited with participation in the St. Mihiel campaign on 12 September 1918.  The form show he received a shrapnel wound to his right shoulder during that period of service.

5.  The applicant provides The Official Roster of Ohio Soldiers, Sailors, and Marines in the World War 1917-18 (Volume XVIII), which lists the FSM as having been severely wounded in action on 11 September 1918.  

6.  The FSM was honorably discharged on 1 March 1919.

7.  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.  

8.  The Purple Heart is awarded to any member of the Armed Forces 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.
9.  War Department Circular Number 6, dated 22 February 1932, published the initial criteria for the reestablished Purple Heart and ended authorization for award of the Wound Chevron.  The circular stated awards of the Purple Heart 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 Purple Heart; 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.
BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was warranted.  Based upon the documentary evidence provided by the applicant, the Board concluded there was sufficient evidence to show that the FSM was eligible and should be awarded the Purple Heart for wounds received as part of hostile action on 11 September 1918.




BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


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 Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Purple Heart for wounds incurred as a result of hostile action on 11 September 1918.
	 
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 600-95 (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.
3.  The Purple Heart 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.

4.  War Department Circular Number 6, dated 22 February 1932, published the initial criteria for the reestablished Purple Heart and ended authorization for award of the Wound Chevron.  The circular stated awards of the Purple Heart 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 Purple Heart; 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.

ABCMR Record of Proceedings (cont)	 AR20160017373
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