PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 12 April 2001
         DOCKET NUMBER: AR2001053140


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Roger W. Able		Chairperson
Mr. Richard T. Dunbar		Member
Mr. Donald P. Hupman		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, two awards of the Purple Heart (correctly known as the Purple Heart (First Oak Leaf Cluster)).

3. The applicant’s cousin submitted a letter of explanation, dated 30 January 2001, in support of the applicant’s claim. In effect, he stated that while the applicant was a prisoner of war, he was hit in the foot with shrapnel from enemy gun fire and never received proper medical treatment for his wounds from his German captors. Also, the applicant should qualify for the Purple Heart for the frostbite he experienced on both of his feet while subjected to subzero temperatures while in captivity. In support of his application, the applicant submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); VA documentation, dated 6 December 1999, which shows that the applicant’s disabilities for frostbite (both feet) and residuals of a gunshot wound increased in severity; page 3 of a VA Rating Decision, dated 16 November 1999; a photograph of a soldier; an article titled “Abused POWs eligible for medal” in the American Legion Magazine dated December 2000; a typed copy of the applicant’s journal that he kept during his captivity and two newspaper articles written on the applicant based on his journal.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on
29 April 1942. He served as a light truck driver in the European Theater of Operations from 6 November 1943 through 12 June 1945 and was honorably discharged on 19 December 1945.

5. The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “NONE”.

6. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

7. The applicant provided a copy of his journal that he kept during his captivity. His journal states “But I was hit in the ankle by shrapnel and had to walk”. However, there is no repatriation physical or any evidence of record which shows the applicant was injured while held as a prisoner of war.

8. The applicant’s journal also states “and most of us were nearly paralyzed from being in foxholes two or three feet deep, and the holes were filled with ice and water”, and “The weather was miserable; it snowed and rained every day; and most of the boys had frozen feet. My ankle was swelling up now, and the pain was terrific, for the bandages were changed only once in ten days”. However, there is no medical evidence of record which shows the applicant was diagnosed with frostbite during World War II.

9. DA Form 1577 (Authorization for Issuance of Awards), dated 15 August 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was eligible for the Prisoner of War Medal. This medal is not shown on the applicant’s discharge document.

10. The applicant received the Combat Infantryman Badge during World War II.

11. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

12. During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity or while being taken captive. These injuries were considered to be the result of war crimes and not the result of a legal action of war. War Department policy, at that time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war. The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times. Initially it was decided that the change in policy would not be retroactively implemented. It was concluded that it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership. However, as part of the National Defense Authorization Act (NDAA) of 1996, Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

13. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award. Until 1951 Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the fact of the armed enemy or as a result of a hostile act of such enemy. An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart.

14. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. There is no evidence of record available to the Board which shows the applicant was wounded or treated for wounds as a result of hostile action during World War II.

2. The applicant signed his discharge document attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.

3. The Board considered the applicant’s contention that while he was a prisoner of war, he was hit in the foot with shrapnel from enemy gun fire and never received proper medical treatment for his wounds from his German captors. However, there is no repatriation physical or any evidence of record available to the Board which shows the applicant was wounded while held as a prisoner of war during World War II. Therefore, the applicant is not entitled to award of the Purple Heart for wounds sustained while in captivity during World War II.

4. The Board also considered the contention by the applicant’s cousin that the applicant should qualify for the Purple Heart for frostbite. However, there is no medical evidence of record available to the Board which shows that the applicant was diagnosed with frostbite during World War II. Therefore, the applicant is not entitled award of the Purple Heart for frostbite.

5. The applicant was awarded the Prisoner of War Medal; therefore, he is entitled to correction of his military records to show this award.

6. The applicant received the Combat Infantryman Badge during World War II. Therefore, he is entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award.

7. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Prisoner of War Medal and the Bronze Star Medal (based on award of the Combat Infantryman Badge).

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

RWA___ RTD_____ DPH____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Roger W. Able_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2001053140
SUFFIX
RECON
DATE BOARDED	20010412
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19451219
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Convenience of the Government
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0029
3.	107.0014
4.
5.
6.