IN THE CASE OF: BOARD DATE: 2 February 2021 DOCKET NUMBER: AR20200009601 APPLICANT REQUESTS: her grandfather, a World War I (WWI) former service member (FSM) be awarded the Purple Heart. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * FSM's Certificate of Death * FSM's Enlistment Record and Honorable Discharge Certificate * Personal Statement * Her father's Birth Certificate * Her father's marriage certificate * Her own birth certificate FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, 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 applicant states for the past year, she has been trying to obtain information concerning her grandfather's military records. Her endeavor became more difficult when she discovered his records were destroyed in the 1973 fire at the National Personnel Records Center. Because she has his Honorable Discharge from the United States Army, she was approved to receive the following awards: World War I Victory Medal with Meuse-Argonne Battle Clasp and World War I Victory Button (Silver). She also received his military burial flag once she discovered he was not given a military burial. As she continued her research, she came to believe he was eligible for the Army Wound Chevron. He was wounded on November 10, 1918 in the Meuse-Argonne Offensive. He underwent surgery where a metal plate was put in his head. Further research showed that when the Purple Heart came into being some turned in their Army Wound Chevron for the Purple Heart. She also found where some that fought in the Meuse Argonne Offensive have been issued the Purple Heart posthumously. She is proud her grandfather served his country. 3. 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. a. The FSM enlisted (or was inducted) in Hartford, NC, on 25 May 1918. b. He served as a member of the American Expeditionary Force during World War I (WWI) with Company K, 128th Infantry, 32nd Division, from 22 June (or August) 1918 to 8 April 1919. c. His Enlistment Record: (1) Shows he participated in the following battles, engagements, skirmishes, or expeditions: Meuse-Argonne - 1918. (2) Contains the entry "Wounds Received in Service: Shrapnel, November 10, 1918." d. His Honorable Discharge indicates he was discharged from the Army on 17 April 1919 at Camp Lee, Virginia. e. His Honorable Discharge and Enlistment Record do not show he was issued any decorations, medals, badges, or citations. 4. By regulation (AR 600-8-22), the Purple Heart is awarded for a wound sustained as a result of hostile action. The regulation authorizes award of the Purple Heart to any member of the Army, who during WWI, was authorized to wear wound chevrons or was awarded the Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was warranted. 2. 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 during WWI, his participation in the Meuse-Argonne, evidence of him being wounded, awards received by the applicant after the FSMs service and the policy pertaining to award of the Purple Heart for WWI Soldiers. Based on a preponderance of evidence, the Board determined that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 FSM a Purple Heart for wounds received in Meuse-Argonne on 10 November 1918, and; - Adding to the FSM’s record: PH, World War I Victory Medal with Meuse-Argonne Battle Clasp and World War I Victory Button (Silver). 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 600-8-22 (Military Awards) provides for award of the Purple Heart. a. The Purple Heart was established by General George Washington at Newburgh, New York, on 7 August 1782, during the Revolutionary War. It was reestablished by the President of the United States per War Department General Orders 3, 1932. b. The Purple Heart is awarded in the name of the President of the United States to members of the Armed Forces of the United States who, while serving under component authority in any capacity with one of the U.S. Armed Services after 5 April 1917, has been wounded or killed, or who has died or may hereafter die after being wounded (1) In any action against an enemy of the United States; (2) In any action with an opposing armed force of a foreign country in which the Armed Forces of the United States are or have been engaged; (3) While serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party; (4) As the result of an act of any such enemy of opposing Armed Forces; or (5) As the result of an act of any hostile foreign force. c. The Purple Heart is authorized for wounds sustained during World War I to any member of the Army, who during World War I, was awarded the Meritorious Service Citation Certificate signed by the Commander-in-Chief, American Expeditionary Forces, or who was authorized to wear wound chevrons. 3. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War I Victory Medal for service between 6 April 1917 and 11 November 1918. This document also shows that battle clasps, service clasps, and service stars are authorized appurtenances to be worn on the World War I Victory Medal. Also, paragraph 6-15a of states, in pertinent part, that the Silver World War I Victory Button is issued to persons wounded in action during World War I and the Bronze World War I Victory Button is awarded to all others. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009601 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1