IN THE CASE OF: BOARD DATE: 21 March 2023 DOCKET NUMBER: AR20230002764 APPLICANT REQUESTS: in effect, the records of her grandfather, a former service member (FSM), be corrected to show award of the Purple Heart for wounds received during World War I (WWI). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Death, 30 Aug 1940 * Department of Labor Immigrant Declaration of Intent * Statement of Service Card, AGO Form 724-9, 11 Jul 1919, Wounded in Action * War Record of American Jews with photo of wound * VA Index Card * Letters, National Personnel Records Center * Next of Kin Documentation FACTS: 1. Title 10, USC, 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. The applicant states she is seeking replacement Purple Heart. Her grandfather’s original record was destroyed in a fire on 12 July 1973 per letter from the National Personnel Records Center. The original Purple Heart medal was stolen along with other medals. The additional medals (World War I Victory Button-Bronze and World War I Victory Medal) were replaced by the National Personnel Records Center; however, the Purple Heart was not replaced because the DD Form 214, Report of Separation, was destroyed in the 1973 fire. 3. The FSM’s records are not available for review. The applicant provided sufficient documents in a reconstructed record for the Board to conduct a fair and impartial review of this case. A World War I Document, appears to be Statement of Service Card, AGO Form 724-9, shows: * the FSM was inducted in Brooklyn, NY on 28 February 1918 * the FSM served with Company F, 302nd Ammunition Train (which was part of the 77th Division in France) * Company V, 302nd Infantry in the rank of private * the FSM served overseas from 26 April 1918 to 20 December 1918 * he was wounded in action, severely on 11 September 1918 * he was honorably discharged on 11 July 1919 * he was reported 50% disabled on date of discharge 4. It is unclear what campaigns or skirmishes he participated in. It is also unclear if the FSM was issued any decorations, medals, badges, or citations. It is further unclear where/what country the FSM was wounded. 5. On 27 April 2019, NPRC wrote to the applicant informer her that in order to process requests for awards and decorations, she must furnish a copy of the Report of Separation (WD AGO 53-55)/(DD Form 214). Without a separation document, they can only authorize the basic medals. They authorized shipment of the following awards based on the documents you provided and/or official documents available. * WORLD WAR I VICTORY BUTTON (BRONZE) * WORLD WAR I VICTORY MEDAL 6. On 21 January 2022, NPRC wrote to the applicant’s Member of Congress informing them that the record needed to answer their inquiry is not in NPRC’s files. If the record were here on July 12, 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 military personnel for the period 1912 through 1959, and records of Air Force personnel with surnames Hubbard through Z for the period 1947 through 1963. Unfortunately, complete records cannot be reconstructed. 7. The 302nd Ammunition Train was a unit of the 77th Division which served in France. 8. The NPRC did provide the applicant a World War I Victory Button (bronze) and a World War I Victory Medal. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The FSM’s records are not available for review. The applicant provided a Statement of Service Card, AGO Form 724-9, that shows the FSM served from 28 February 1918 to 11 July 1919, with overseas service from 26 April 1918 to 20 December 1918. He was wounded in action, severely on 11 September 1918. He was assigned to the 302nd Ammunition Train, which was a unit of the 77th Division which served in France. Based on this evidence, the Board determined the FSM should be issued a Statement of Service documenting his active service and to be awarded the Purple Heart. 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: * issuing the former service member (FSM) a Statement of Service documenting his active service from 8 February 1918 to 11 July 1919 * posthumously awarding the FSM the Purple Heart for wounds received in action in France on 11 September 1918 * adding the Purple Heart to his Statement of Service 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, U.S. 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 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. Furthermore, paragraph 6- 15a of Army Regulation 600-8-22 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) AR20230002764 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1