Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001057721C070420
Original file (2001057721C070420.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 October 2001
         DOCKET NUMBER: AR2001057721


         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. Deyon D. Battle Analyst

The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Ms. Karol A. Kennedy Member
Mr. Richard T. Dunbar 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.


2. The applicant requests that he be awarded the Purple Heart for wounds incurred in action on 15 January 1945.

3. The applicant states that he is entitled to the Purple Heart because he was wounded in action during the Battle of the Bulge and that his Enlisted Record and Report of Separation (WD AGO Form 53-55) shows that he was wounded. In support of his application he submits a copy of Form 52b-Medical Department, United States Army, and a copy of a Supplemental Record dated 16 January 1945.

4. The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.

5. He was inducted into the Army on 23 March 1943 and he successfully completed his training as a rifleman. On 21 October 1944, he was transferred to the European-African-Middle Eastern Theater of Operations.

6. His awards include the European-African-Middle Eastern Campaign Medal, the American Campaign Medal, the World War II Victory Medal, the Good Conduct Medal, the Combat Infantryman Badge and the Expert Badge (M-1 Rifle).

7. The copy of Form 52b-Medical Department, United States Army dated 15 January 1945, and a copy of a Supplemental Record dated 16 January 1945 shows that the applicant was in Belgium on 15 January 1945, when he was evacuated from the front lines to the hospital for frost or cold injuries to both of his feet.

8. The applicant returned to the Continental United States on 15 August 1945 and he was honorably discharged for the Convenience of the Government on 6 December 1945. Item number 34 (Wounds Received in Action) on the WD AGO Form 53-55 that he was furnished at the time of his discharge shows that he was wounded on 15 January 1945 while he was in Germany.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that: (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

10. Award of the Purple Heart (PH) for frostbite injuries is currently prohibited; however, until 1951, Army Regulation 600-45, which governed the award of Army decorations, defined a “wound” as an injury to any part of the body from an


outside force, element, or agent sustained while in action against an armed enemy or as a result of a hostile act of such enemy. An “element” was further defined as weather and the award of the Purple Heart to personnel who were severely frostbitten while actually engaged in combat was authorized.

11. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal (BSM) 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. The applicant was evacuated on 15 January 1945 and hospitalized for frost injuries to both of his feet. Although under today’s standards, he would not qualify for award of the Purple Heart, in accordance with regulations then in effect, he did meet the criteria for award of the Purple Heart.

2. Additionally, he is entitled to the Bronze Star Medal for meritorious service based on his award of the Combat Infantryman Badge.

3. He should have been awarded the Purple Heart and the Bronze Star Medal and his WD AGO Form 53-55 should be amended to reflect those awards.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

a. by awarding the individual concerned the Purple Heart for injuries sustained in combat on 15 January 1945 while serving in the pay grade of E-3.






b. by awarding him the Bronze Star Medal for meritorious service during World War II based on his award of the Combat Infantryman Badge.

BOARD VOTE:

__rtd ___ ___mkp__ ___kak __ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson___
                  CHAIRPERSON




INDEX

CASE ID AR2001057721
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2001/10/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 46 107.0000
2. 60 107.0014
3. 61 107.0015
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003089224C070403

    Original file (2003089224C070403.rtf) Auto-classification: Approved

    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. Block 34 shows the entry "None" for wounds received in action. Records show the applicant was awarded the Bronze Star Medal.

  • ARMY | BCMR | CY2009 | 20090011656

    Original file (20090011656.txt) Auto-classification: Approved

    The applicant, the widow of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Bronze Star Medal and the Purple Heart. Item 33 (Decorations and Citations) of the FSM's WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal, Army Good Conduct Medal, World War II Victory Medal, and Army of Occupation Medal. Army Regulation 600-8-22 (Military...

  • ARMY | BCMR | CY2008 | 20080018700

    Original file (20080018700.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. His being hospitalized is accepted as evidence that he suffered from severe frostbite, and this evidence is sufficient as a basis to correct the applicant's records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2013 | 20130010812

    Original file (20130010812.txt) Auto-classification: Denied

    c. A WD AGO Form 106 (Request for Decoration and/or Citation), dated 20 November 1945, shows he requested award of the Purple Heart for frozen feet in combat while he was assigned to the 80th Infantry Division. The evidence shows the FSM's records contain administrative errors which do not require action by the Board. Therefore, the Board requests that ARBA CMD administratively correct the records of the individual concerned by: a. awarding the FSM the Bronze Star Medal based on award of...

  • ARMY | BCMR | CY2001 | 2001062609C070421

    Original file (2001062609C070421.rtf) Auto-classification: Approved

    There is no evidence in the available records which show the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this award. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

  • ARMY | BCMR | CY2010 | 20100029286

    Original file (20100029286.txt) Auto-classification: Approved

    The medical documents verifying the applicant's moderate to severe frostbite injuries to his feet are accepted as sufficient evidence to award him the Purple Heart. The evidence of record shows the applicant completed two periods of active duty service for which he was honorably discharged. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Purple Heart for wounds sustained on 19 February 1945, b....

  • ARMY | BCMR | CY1996 | 9609453aC070209

    Original file (9609453aC070209.txt) Auto-classification: Approved

    The applicant requests that his WD AGO Form 53-55, Enlisted Record and Report of Separation, be corrected to reflect that he was awarded the Purple Heart. 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. Based on documentary evidence in his file, the applicant should have been awarded the Purple Heart for combat related injuries suffered near Betzdorf, Germany on 25 June 1945.

  • ARMY | BCMR | CY2002 | 2002080654C070215

    Original file (2002080654C070215.rtf) Auto-classification: Approved

    The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. 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. a. by adding the entries, "Purple Heart" and "Bronze Star Medal (based on award of the Combat Infantryman Badge)" in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned:

  • ARMY | BCMR | CY2002 | 2002076505C070215

    Original file (2002076505C070215.rtf) Auto-classification: Approved

    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. The applicant signed his WD AGO Form 53-55 on 15 January 1946 attesting to the fact that he was not wounded in action and that he was not entitled to the Purple Heart. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal...

  • ARMY | BCMR | CY2002 | 2002077772C070215

    Original file (2002077772C070215.rtf) Auto-classification: Approved

    The Board considered the following evidence: Therefore, the applicant is entitled to award of the Purple Heart for wounds sustained on 23 February 1945 in the European Theater of Operations and correction of his military records to show this award. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his military records to show this medal.