ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  16 September 2019

	DOCKET NUMBER:  AR20190003820


APPLICANT REQUESTS:  on behalf of his father, a former service member (FSM), 
award and issuance of the Purple Heart (PH).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 15 February 
2019
*	Honorable Discharge From The Army of The United States, dated 30 January 
1919
*	Enlistment Record, dated 10 February 1919
*	Passenger List of Organization and Casuals, U.S.S. Matsonia, undated
*	Division of Vital Records, Ohio Department of Health, Certificate of Death, dated 
27 March 1974

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 (ABCMR) 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 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 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 to 
conduct a fair and impartial review of this case.  These records consisted of files 
provided from a partial reconstructed record by National Archives and Records 
Administration.

3.  The applicant states:

	a.  His father's discharge notes he was wounded on 5 November 1919, however, the 
PH was not awarded.

	b.  Replacement medals were requested, but only the World War I Victory Medal 
was issued.

4.  On 20 September 1917, the FSM enlisted in the Army of the United States.

5.  The applicant provided a copy of Passenger List of Organization and Casuals that 
shows the FSM was transported on the U.S.S. Matsonia from the port of Bordeaux 
(France) on an unknown date.  His unit assignment was listed as Company L, 
11th Infantry Regiment, 5th Infantry Division, American Expeditionary Forces.  This form 
shows the Headquarters Port of Embarkation was U.S. Army Base Hospital Number 6, 
Company A, for the sick and wounded in hospital.

6.  The FSM's enlistment records show:

	a.  He was promoted to corporal on 30 October 1918. 

	b.  He participated in the Verdum – Saint Miheil campaign during World War I.

	c.  He was wounded in service on the right and left buttocks on 5 November 1918.

	d.  He was in good physical condition at the time of his discharge.

7.  The FSM's Record of Discharge shows he was honorably separated on 30 January 
1919 at Camp Sherman, Ohio.

8.  War Department Form Number 368 (Final Pay Roll), dated 30 January 1919, shows 
the FSM was separated from Company B, Convalescent Center, Camp Sherman, Ohio.  
This form further shows his last organization as Company L, 11th Infantry, Hoboken, 
NJ, Base Hospital Number 1.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, the FSM’s 
record of service, the belief that his records had been lost or burned in the fire at the 
records center, available documents showing he was wounded in November 1918, 
hospitalized and returned to the United States.  The Board considered the policy for 
implementing the award of the Purple Heart and the date of the FSM’s wounding.  
Based on a preponderance of evidence, the Board determined that the FSM was 
entitled to award of the Purple Heart

2.  After reviewing the application and all supporting documents, the Board found the 
relief was warranted.


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 
the Army records of the individual concerned be corrected by:

-	Awarding the Purple Heart for wounds received 5 November 1918 in France, 
and;
-	Amending his Record of Discharge dated 30 January 1919 to reflect PH.
 


	  
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 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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  It states that 
the PH 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.

ABCMR Record of Proceedings (cont)	 AR20190003820

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