ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2019 DOCKET NUMBER: AR20170018909 APPLICANT REQUESTS: The submitter requests in effect that his father, a World War I (WWI) Soldier, be awarded the Purple Heart for wounding by phosgene gas and a wound to his left leg which he never reported during the September 1918 Meuse-Argonne offensive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) corrected to show that the applicant was a Private First Class (PFC (E-3)) and that he was honorably discharged [note, the attachment documents labeled with attachment numbers vary in some respects from the list of attachments the submitter attached to the DD Form 149] * Attachment 1 – extract from the book, Medical Diseases of the War, 1917; chapter X, Gas Poisoning * Attachment 2 –memorandum from the National Personnel Records Center, St. Louis, MO, dated 1 July 2017, with Final Pay Voucher of the applicant, dated 22 February 1919; and a Veterans Administration Disability Allowance Claim Request for Army Information, dated 3 October 1931 * Attachment 3 – extract from The Official Roster South Carolina Soldiers, Sailors, and Marines in WWI showing the applicant’s name * Attachment 4 – Commonwealth of Pennsylvania Department of Military Affairs Form MAGO-1 (Record of Burial Place of Veteran) showing information on the applicant * Attachment 5 – War Department Form 371, Final Payment Roll of Machine Gun Company, 371st Infantry Regiment * Attachment 6 – Local Draft Board Report for Military Service, dated 22 February 1918 * Attachment 7 – Wikipedia article on the 371st Infantry Regiment * Attachment 8 – (none provided) * Attachment 9 – Picture of the applicant * Attachment 10 – letter from the National Personnel Records Center (NPRC), dated 13 June 2017, burned record notice * Attachment 11 – page 236 from the book Scott’s Official History of the American Negro in the World War – Primary Source 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. A request was made to the National Personnel Records Center (NPRC) for the applicant’s military records. The NPRC was not able to find the applicant’s record and stated that it may have been destroyed in a fire in the NPRC on 12 July 1973. The NPRC was able to provide alternate records consisting of the applicant’s final pay record. From the final pay record, the applicant’s discharge certificate, and the applicant’s Veterans Administration (VA) Disability Allowance Claim Request for Army Information form provide by the submitter, the following facts can be documented. 3. The applicant was drafted into service on 22 February 1918. He served in a Machine Gun (M. G.) Company, 371st Infantry Regiment, 93d Infantry Division. The applicant was honorably discharged as a PFC (E-3) on 22 February 1919. 4. An infantry regiment in WWI typically consisted of a regimental headquarters, regimental headquarters company, supply company, machine gun company, 3 infantry battalions each consisting of a battalion headquarters and 4 rifle companies; approximately 3,720 Soldiers. 5. Historical reference 93d Division Summary 0f Operations in the World War, prepared by the American Battle Monuments Commission, United States Government Printing Office, 1944, an official history maintained by the U. S. Army Center for Military History, shows that the 371st Infantry Regiment was an element of the 93rd Infantry Division. However, when it arrived in France, it was assigned to the French 157th Division and placed at the disposal of the French 68th Division which was holding the Verdun Sector on the Meuse-Argonne front from west of Forges to Bois d'Avocourt. On 11 July 1918, the 371st moved to a support position in this sector. The regiment continued to participate in the occupation of the Verdun Sector with the French 157th Division, occupying a number of positions until 14 September 1918. Upon being relieved, the regiment moved with the division to the Somme-Bionne area preparatory to participating in the Meuse-Argonne (Champagne) Offensive with the French Fourth Army. On 24 September 1918, the 371st was held reserve of the 157th near Somme-Bionne, about 14 kilometers south of Ripont. By 28 September 1918, the 371st have been moved astride Ripont. On 28 September 1918, the 371st attacked the German line. The 371st continued to maneuver and fight forward until it was relieved on 1 October 1918, withdrew and remained in division reserve until the relief of the division on 7 October 1918. From 11 October 1918 to 11 November 1918, the 371st participated in the occupation of the Anould Sector, northeast of Corcieux. On 20 December 1918, when the French 157th Division was disbanded, the 371st reverted to American command. In January 1919, the 371st moved to the American Embarkation Center, Le Mans, France. The 371st Infantry sailed from Brest on 3 February 1919, and arrived in Hoboken, New Jersey, on 11 February 1919. In summary, the 371st was involved in direct combat from 28 September to 1 October 1918 and in occupying positions from 2 to 11 October 1918. During 16 September to 11 October 1918, the 37st sustained 896 wounded, 108 killed, and 31 who died from their wounds of approximately 3,720 Soldiers in an infantry regiment. 6. Drawing from the attachments the submitter provided, which do not entirely agree with the official history maintained by the U. S. Army Center for Military History, the submitter states in relevant part that his father, the applicant who is deceased, served in WWI assigned to the 371st Machine Gun Regiment [correctly titled the 371st Infantry Regiment, not Machine Gun Regiment, in which the applicant served in the Machine Gun Company], 93rd Infantry Division and the 157th Infantry Division (FRENCH) when he was gassed by the German Army with either Phosgene or Chlorine Gas during the Meuse-Argonne Offensive in September 1918 in France (Champagne Offensive). The applicant should have been awarded a Purple Heart for his bravery and wounds while serving in the trenches and getting gassed by the Germans. [Note, the Purple Heart was not awarded during WWI. It was not established until 1932.] Phosgene gas is more potent than chlorine gas, and was used extensively by the Germans against the American Expeditionary Forces during WWI. The applicant was also wounded in the left leg during the offensive but it was never reported to his Superiors. Almost 50% of the artillery shells fired by the Germans were Chlorine and Phosgene Gas. The physical effects of the gas are felt 48 hours after a Soldier inhales the gas in the trenches. Victims of phosgene gas first suffer from blurred vision, vomiting, and rapid respiration; the soldier eventually drowns from a build-up of fluid in the Lungs, if the Soldier is not sent to a clearing station within a few hours of the attack. Most Soldiers will die if they don't seek medical attention. Acute bronchitis or broncho-pneumonia develops. Pleurisy may occur and instances of empyema and gangrene of the lungs may follow. A frothy sputum is brought up and the color is yellow or greenish. As a result of this gas attack in 1918, the applicant filed a "Disability Claim Voucher'' prior to his discharge on 22 February 2019. The regimental adjutant documented the claim at camp Jackson, South Carolina, in February 1919. The applicant lived until 1975 when he passed away from a pulmonary emboli (blood clot in the lung artery) at the age of 77. 7. The submitter further states that the 371st arrived in France on 23 April 1918 and headed straight to the trenches with the 157th French Division and remained there until 15 December 1918, a total of 230 days. They received no rest. In reference to the 371st involvement in the Meuse-Argonne offensive between 28 September and 6 October 1918, the submitter provides the following from the Scott’s Official History of the American Negro in the World War – Primary Source, “the German artillery fire was accurate. For two hours the 371st Regiment was violently shelled. The Germans mixed high explosive shells with gas and shrapnel.” The 371st loses during this offensive were 896 wounded, 31 died from wounds, 108 were killed, and 164 gassed. 8. However, the Scott’s Official History of the American Negro in the World War – Primary Source provided by the submitter states on page 232 that after arrival in France, the 371st was re-equipped with French weapons and after a few weeks of instruction on the French equipment and tactics, they joined the 157th French Division in the trenches (about mid-May 1918) and remained in line for over three months (about 120 days). Following that, the 371st then moved to fight in the in the Meuse-Argonne offensive between 28 September and 6 October 1918. The 93d Division Summary of Operations in the World War shows that starting 28 September 1918, the 371st attacked the German line and continued to maneuver and fight until it was relieved on 1 October 1918, was withdrawn from the line and remained in division reserve until 6 October 1918. On 20 December 1918, when the French 157th Division was disbanded, the 371st reverted to American command. In January 1919, the 371st moved to the American Embarkation Center at Le Mans, France. 9. The submitter provides an unofficial source, a Wikipedia page (attachment 7) about the 317st Infantry Division which states in pertinent part that the 371st was part of the 93rd Infantry Division during WWI. Upon arrival in France, the 371st was transferred into the French command. 10. The submitter also provides as his attachment 11, page 236 from the book Scott’s Official History of the American Negro in the World War – Primary Source Edition, written in 1919 by Emmett J. Scott, Special Assistant to the Secretary of War. Chapter XVI, is about the 371st Infantry Regiment. Page 232 states that the 371st Infantry as assigned to the 157th French Division and went into the trenches with the 157th for over three months. Page 236 is part of a story starting on page 235 about a Soldier JM from the Headquarters Company, 317st Infantry Regiment, which was different that the applicant’s machine gun company. The book states the Soldier JS experienced artillery gas bombardment which resulted in a gas infection and being invalided out of the service. There is no information given about the circumstances of the machine gun companies or the applicant. 11. The submitter provides as his attachment 1 an extract from the book Medical Diseases of the War, by Arthur Hurst, M. A., MD (Oxon), FRCP, 1917. Chapter X, Gas Poisoning, gives information about the use of gas in WWI warfare, the effects, injury symptoms and prevention, and treatment. There is no specific reference to the 371st Infantry Regiment or the applicant. 12. The applicant’s VA Disability Allowance Claim Request for Army Information form, dated 3 October 1931, shows “alleged” disabilities of pleurisy, bronchitis, and tuberculosis, but does not state where these were incurred. [Pleurisy is a condition characterized by severe chest pain, cough, and shortness of breath. Bronchitis is an infection resulting from the inflammation of the lining of the lungs. Tuberculosis is an infectious disease usually caused by bacteria that generally affects the lungs. Tuberculous can cause pleurisy and bronchitis. Phosgene or chlorine gas do not cause Tuberculous.] It is noted that there is no claim for a wound to the leg. On the form, applicable information provided by the Army on 24 October 1931 on the bottom half of the form shows the following: a. Item 5. Physical defects at enlistment: Over (meaning the information is shown on the back side of the form which is not provided.) b. Item 6 Was he medically examined and accepted at camp? Yes c. Item 8. Defects noted by draft board: Over d. Item 9. General or limited service: General e. Item 13. Physical defects at discharge: None noted f. Item 14. Complete medical history: None found 13. Army Regulation 600-8-22, authorizes award of the Purple Heart for wounding or injury caused by enemy-released chemical, biological, or nuclear agent. The wound or injury for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound or injury must be documented in the Service member’s medical and/or health record. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board determined that there was insufficient evidence to grant relief. The Board determined that no documentation or supporting statements were provided or found within the record showing the applicant was treated by military medical personnel, and the medical records available do not indicate any wounds or scars that could have derived from a combat injury. Therefore the applicant did not meet the regulatory requirements for award of the Purple Heart. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 (AR) 600-8-22 (Military Awards), paragraph 2-8 (Purple Heart) states in pertinent part that the Purple Heart (PH) is awarded to members of the Armed Forces 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, have been wounded, were killed, or who have died or may hereafter die of wounds received in any action against an enemy of the United States. Subparagraph g states that examples of enemy-related injuries which clearly justify award of the PH include injury caused by enemy-released chemical, biological, or nuclear agent. Subparagraph e states that the wound for which the award is made must have required treatment, not merely examination, by a medical officer. Additionally, treatment of the wound will be documented in the Service member’s medical and/or health record. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170018909 7 1