PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 October 2001
         DOCKET NUMBER: AR2001060270


         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
Mr. Joseph A. Adriance		Analyst

The following members, a quorum, were present:

Ms. JoAnn H. Langston		Chairperson
Mr. Mark E. Manning		Member
Mr. Jose A. Martinez		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, that he be awarded the Purple Heart (PH).

3. The applicant states, in effect, that he had frozen feet (trench foot) in February 1944 and understands that this injury now makes him eligible to receive the PH. He also indicates that he received a shrapnel wound from a land mine when a metal ball became lodged under his skin. He indicates this wound occurred on the evening of 28 January 1944 during the battle of Casino while his unit was crossing a mine field. He claims that his unit was required to cross a large open space that was heavily planted with personnel mines and had to follow tanks to get through the mine field. This resulted in mines exploding under the tank tracks and metal balls and shrapnel flying up from under the tank tracks. At the time of the crossing he did not realize he had received a shrapnel wound. Only later, on 14 February 1944, when his unit was relieved from the battle did he have a chance to check himself and he discovered that he had received a shrapnel wound from the mine field crossing. At that time, he found his right sock stuck to his leg with dried blood and after cleaning himself he went to the hospital with frozen feet (trench foot) which he understands now qualifies him for the PH. He indicates that he has always been able to feel the metal ball under his skin but it was not until 1994 when he was given an x-ray that the metal was actually discovered in his leg. He also indicates that if he is turned down for the PH for this shrapnel wound he would like to receive it for the trench foot/frozen feet injury he received during the battle of Casino. In support of his application, he provides a third party support statement from an individual who indicates he led the platoon of men that crossed the mine field. It indicates that during the mine field crossing, tanks detonated the mines and in many cases shrapnel and metal balls would fly from under the tank tracks and strike the men. He further indicates that this was the case with the applicant but because he was wounded later himself, he lost track of the applicant and was not aware the applicant had been wounded while crossing the mine field or that the applicant was not treated for the wound at the time.

4. The applicant’s military records were not available to the Board for review. A fire destroyed approximately 18 million service records at the National Personnel Records Center in 1973. It is believed that his records were lost in that fire.

5. The available evidence includes a WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge). This properly constituted separation document verifies that the applicant was inducted into the Army of the United States (AUS) on 10 March 1943 and served on active duty until being honorably discharged in the rank of private first class on 6 November 1945. It also confirms that he arrived for duty in the European Theater of Operations (ETO) on
15 October 1943 and served there until 7 August 1945.

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6. The WD AGO Form 53-55 also shows that the applicant was awarded the Combat Infantryman Badge (CIB) and that he participated in the Naples-Foggia, Rome-Arno, and Northern Appennines campaigns of World War II. Block
33 (decorations and citations) verifies that he earned the following awards during his active duty tenure: European-African-Middle Eastern Campaign Ribbon; Good Conduct Medal; American Theater Service Ribbon; and World War II Victory Ribbon. The PH is not included in the list of awards in block 33 and
block 34 (wounds) contains a “none” entry, which would indicate he was never wounded or injured in action.

7. During the processing of this case, a military record finding report containing information from hospital admission cards created by the Office of the Surgeon General (OTSG) for the period 1942-1945 was requested from the National Archives and Records Administration (NARA). However, no hospital or medical records pertaining to the applicant were located and no information was provided to the Board for review.

8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH. It states, in pertinent part, that the PH is awarded to any member of an Armed Force who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed in action. A wound is defined as an injury to any part of the body from an outside force or agent sustained under conditions defined by this regulation. In order to support awarding a member the PH, it is necessary to establish that the wound, for which the award is being made, required treatment by a medical officer. This treatment must be supported by records of medical treatment for the wound or injury received in action, and must have been made a matter of official record.

9. Paragraph 3-13 outlines the criteria for the award of the Bronze Star Medal (BSM). Paragraph 3-13d (2) states, in effect, that the BSM is authorized to members of the Armed Forces of the United States who, after 6 December 1941, were cited in orders or awarded a certificate for exemplary conduct in ground combat against an armed enemy between 7 December 1941 and 2 September 1945, inclusive, or whose meritorious achievement was otherwise confirmed by documents executed prior to 1 July 1947. This paragraph also stipulates that for this purpose, an award of the CIB is considered as a citation in orders.

10. Paragraph 5-12 contains guidance on awarding the European-African-Middle Eastern Campaign Medal. It states, in pertinent part, that a bronze service star is authorized for each campaign a member participated in while serving in the theater.

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CONCLUSIONS:

1. The Board notes the applicant’s contention that he is entitled to the PH for a shrapnel wound and a trench foot injury he received in action during World War II but finds insufficient evidence to support this claim.

2. By regulation, in order to support an award of a PH a member must have been wounded or injured in action, must have been treated for this wound or injury by military medical personnel, and this treatment must have been made a matter of official record. In this case, there are no medical or other official records to confirm that the applicant was ever wounded or injured in action or treated by military medical personnel for either a shrapnel wound or trench foot.

3. In addition, while the Board does not question the validity of the third party statement provided by the applicant, it does note that the individual who prepared it admits that he had no first hand knowledge that the applicant was wounded while crossing the mine field or that he was ever treated for a wound or injury by military medical personnel. Therefore, the Board concludes the available evidence in this case fails to meet the regulatory burden of proof necessary to support awarding the applicant the PH.

4. During the review of this case, the Board did discover the applicant was entitled to awards that were not included in his separation document and it finds it would be appropriate to add these awards to his record at this time.

5. By regulation, members who earned the CIB during World War II are entitled to receive the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy. Given the applicant received the CIB, the Board concludes he is entitled to receive the Bronze Star Medal for his combat service in the ETO between 15 October 1943 and 7 August 1945.

6. In addition, the available evidence confirms the applicant participated in three campaigns while serving in the ETO. Therefore, the Board concludes it would be appropriate to authorize the applicant 3 bronze service stars with his
European-African-Middle Eastern Campaign Ribbon.

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

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RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Bronze Star Medal for his exemplary conduct in ground combat against an armed enemy between
15 October 1943 and 7 August 1945; by showing he is authorized the
European-African-Middle Eastern Campaign Ribbon with 3 bronze service stars; and by providing him a corrected separation document that reflects these changes.

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

BOARD VOTE:

__JHL___ __MDM_ __JAM___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___JoAnn H. Langston_
                  CHAIRPERSON

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INDEX

CASE ID	AR2001060270
SUFFIX
RECON
DATE BOARDED	2001/10/11
TYPE OF DISCHARGE	HD
DATE OF DISCHARGE	1945/11/06
DISCHARGE AUTHORITY	AR 615-365
DISCHARGE REASON	Demobilization
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1. 46	107.0000
2. 61	107.0015
3.
4.
5.
6.