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ARMY | BCMR | CY2002 | 2002072137C070403
Original file (2002072137C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 2 July 2002
         DOCKET NUMBER: AR2002072137


         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. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. Karol A. Kennedy Chairperson
Mr. Arthur O. Omartian Member
Mr. Raymond J. Wagner 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, in effect, that the Purple Heart be added to his Report of Separation, WD AGO Form 53-55.

3. The applicant states that the Purple Heart is not listed on his WD AGO Form 53-55. It was issued to him around 1984.

4. The applicant’s military records show he was inducted into the Army and entered active service on 29 April 1944. He arrived in England on 26 November 1944.

5. A medical document shows that the applicant reported on sick call on 19 January 1945 with a complaint of numbness and pain in his feet. A few days earlier he had been in water up to his waist and was unable to get dry socks. He was diagnosed as having trench foot. He was medically evacuated to the States on an unknown date. A medical entry dated 5 November 1945 shows he had a history of frostbite in January 1945 and trench feet in April 1945. An unidentified medical document contains the entry, “Purple Heart Yes.” On 9 November 1945, he was found to be unfit for duty because of trench foot, bilateral, moderately severe. He was discharged with a certificate of disability on 29 November 1945.

6. The applicant’s WD AGO Form 53-55 shows that he was awarded two bronze (service) stars, the Combat Infantryman Badge, the American Theater Ribbon, the European Theater of Operations Ribbon, the Army Good Conduct Medal, and the Lapel Button.

7. Surgeon General Hospital Admission Cards show the applicant was hospitalized on 19 January 1945 for a battle injury, frostbite.

8. On 26 March 1981, the U. S. Army Reserve Components Personnel and Administration Center authorized issuance to the applicant of, in addition to the awards listed on his WD AGO Form 53-55, the Bronze Star Medal (based upon award of the Combat Infantryman Badge), the Purple Heart, and the World War II Victory Medal.

9. Army Regulation 600-45, then in effect, provided, in pertinent part, for the award of the Purple Heart to personnel severely frostbitten while actually engaged in combat.

10. Army Regulation 600-8-22, dated 25 March 1995, in pertinent part, states: “(5) Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart are as follows: (a) Frostbite or trench foot injuries.”


CONCLUSIONS:

1. The evidence of record appears to indicate that the severity of the applicant’s cold weather injury was more the result of trench foot (normally not entitling a soldier to award of the Purple Heart) rather than frostbite; however, there is evidence to show that a decision was made in 1945 that he was entitled to the Purple Heart and the Surgeon General Hospital Admission Cards show he was hospitalized in January 1945 for frostbite (presumably severe enough to result in his disability separation and therefore entitling him to award of the Purple Heart under the criteria at the time). It would therefore be equitable to amend his WD AGO Form 53-55 to add the Purple Heart.

2. The applicant’s WD AGO Form 53-55 should also be amended to add the Bronze Star Medal and the World War II Victory Medal.

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

RECOMMENDATION:

That the applicant’s WD AGO Form 53-55 be amended to show he was wounded in January 1945 and to add the Bronze Star Medal, the Purple Heart, and the World War II Victory Medal.

BOARD VOTE:

__KAK__ __AOA__ __RJW__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Karol A. Kennedy___
                  CHAIRPERSON




INDEX

CASE ID AR2002072137
SUFFIX
RECON
DATE BOARDED 2002/07/02
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 107.0015
2.
3.
4.
5.
6.



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