PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 10 October 2001
         DOCKET NUMBER: AR2001059659


         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. Luther L. Santiful		Chairperson
Mr. Charles Gainor		Member
Mr. Joe R. Schroeder		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 with First Oak Leaf Cluster).

3. The applicant states, in effect, that he was wounded in his right thigh during the “Battle of the Bulge” and that he had frostbitten feet and frozen hands and ears during World War II. In support of his application, he submits an undated letter of explanation; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of his WD AGO Form 100 (Separation Qualification Record); a personal account of his combat experiences during World War II; a Department of Veterans Affairs (DVA) Rating Decision, dated 13 July 1993; DVA documentation, dated 21 August 2000, which shows the applicant receives compensation for a service connected disability rated at 100% permanent; and an excerpt from the EX-POW [prisoner of war] Bulletin, dated December 1994.

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
10 January 1944. He served as a military policeman in the European Theater of Operations from 28 October 1944 through 5 April 1945 and was honorably discharged on 7 December 1945.

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

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

7. There is no medical evidence in the available records which shows the applicant was diagnosed with frostbite during World War II.

8. The applicant provided a DVA Rating Decision, dated 13 July 1993, which shows that service connection was granted for shrapnel wound right thigh. This decision also shows the entry “Evaluation service connected frozen feet”.

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

10. The available records show that the applicant was a POW from
19 December 1944 through 2 April 1945.




11. The applicant’s WD AGO Form 53-55 does not show that he was a POW or the POW Medal as an authorized award.

12. 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. The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

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 face 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.

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.

15. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

16. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Prisoner of War (POW) Medal. The regulation states that the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.




CONCLUSIONS:

1. Evidence of record shows the applicant signed his discharge document on
7 December 1945 attesting to the fact that he was not wounded in action and was not entitled to any award of the Purple Heart.

2. The Board considered the applicant’s contention that he was wounded in his right thigh during the “Battle of the Bulge”. However, there is no evidence of record available to the Board which shows he was wounded or treated for wounds as a result of hostile action during World War II.

3. The Board considered the applicant’s contention that he had frostbitten feet and frozen hands and ears during World War II. However, there is no medical evidence of record available to the Board which shows the applicant was diagnosed with frostbite during World War II. In the absence of such evidence, there is no basis for any award of the Purple Heart.

4. The applicant received the Combat Infantryman Badge during World War II. Therefore, he 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.

5. Evidence of record shows the applicant was a POW from 19 December 1944 to 2 April 1945. Therefore, the applicant is entitled to correction of his discharge document to show his POW status and award of the POW Medal.

6. 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:

         a. by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the Prisoner of War Medal; and

        b. by showing in item 55 (Remarks) on his WD AGO Form 53-55 the entry “PRISONER OF WAR, GERMANY, 441219 - 450402”.





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

BOARD VOTE:

LLS____ CG_____ JRS_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Luther L. Santiful___
                  CHAIRPERSON

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INDEX

CASE ID	AR2001059659
SUFFIX
RECON
DATE BOARDED	20011010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.