PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002073332


         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. Walter Avery, Jr.		Analyst

The following members, a quorum, were present:

Mr. John N. Slone		Chairperson
Mr. Ronald E. Blakely		Member
Mr. Lawrence Foster		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 that he be awarded the Purple Heart.

3. The applicant states that during World War (WW) II, while a prisoner of war (POW), he suffered from severely frozen feet. He believes he is entitled to the Purple Heart.

4. The applicant’s military records show that he entered active duty on 1 March 1941, was trained in the military occupational specialty for light machine gunner, and achieved the rank of technical sergeant. He served in the European Theater of Operations from 7 September 1944 through 6 June 1945.

5. His WD AGO Form 53-55 reflects that he was awarded the Combat Infantryman Badge, the Good Conduct Ribbon, the European-African-Middle Eastern Theatre Ribbon with two Bronze Stars and the American Defense Medal. He was credited with 3 years, 10 months, and 9 days continental service, which equates to qualifying service in the American Theater for award of the American Campaign Medal. He was assigned to Company F, 101^st Infantry.

6. An entry in the applicant's Service Record (WD AGO Form 24) reflects that he was reported missing in action from 19 November 1944 until his return to military control on 11 May 1945, and that he qualified expert with the M-1 rifle and sharpshooter with the machine gun.

7. A War Department telegram informed the applicant's parents that he was a POW.

8. A 10 September 1945 dated Report of Physical Examination indicates that the applicant’s feet were considered normal. There are no entries concerning trench feet or frostbite.

9. A VA medical treatment form indicates that on 30 June 1947, the applicant stated that in November 1944 while stationed in Alsace-Claimant he contracted trench feet and was to be evacuated when the Germans captured him. He was treated for this condition while a POW. He has intermittent pains in his feet since that time.

10. On 2 October 1947, the Veterans Administration awarded the applicant a disability percentage for frozen feet.







11. Army Regulation 600-45 (Decorations) the regulation in effect at the time provided, in pertinent part, that the Purple Heart was 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. A wound was defined as an injury from an outside force, element, or agent. Element was further defined as weather and permitted an award of the Purple Heart to persons severely frostbitten while engaged in combat. Trench foot or immersion foot was not considered as meriting the award. In a change to the regulation dated 23 August 1951 award of the Purple Heart was prohibited for frostbite incurred on or after 23 August 1951.

12. During World War II and the Korean War the Purple Heart was not awarded to soldiers who had been injured while in captivity. Injuries sustained while a POW were considered to be the results of war crimes and not of a legal action of war. War Department policy, at the time, required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat. Subsequent public laws and executive orders provided more latitude with respect to award of the Purple Heart to POW’s, 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 POW’s 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 the 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 of 1996 Congress authorized award of the Purple Heart to any former POW who was wounded before 25 April 1962 while held as a POW, or while being taken captive, in the same manner as a former POW 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.





14. Immersion (Trench) Foot is an injury due to prolonged exposure to wet/cold at temperatures above freezing. Immersion foot can be prevented by changing socks frequently and keeping the feet and boots dry. Definition obtained from www.merck.com/pubs/mmanual_home/ (Merck Manual).

15. Frostbite is an injury due to freezing of tissue cells. Frostbite of extremities occurs in extreme cold. Definition obtained from www.merck. com/pubs /mmanual_home/ (Merck Manual).

16. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the 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.

17. The same regulation provides 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 WWII.

18. The same regulation provides that the American Campaign Medal is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946. Qualifying service includes permanent assignment outside the continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.










19. The same regulation provides that the Army of Occupation Medal is awarded for service of thirty consecutive days at a normal post of duty in a qualifying location. Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility. For Germany service must have been between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

20. The same regulation provides for award of the WWII Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

21. Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned; 101^st Infantry Regiment, 26^th Infantry Division, received occupation credit for Germany for the period 2 May through 3 June 1945.

CONCLUSIONS:

1. The definitions and causes of trench foot and frostbite are very similar. Both occurring from the exposure of extremities to the cold. A diagnosis of trench foot insinuates that it is preventable by the proper changing of socks. It has been established through the applicant’s statements that he was diagnosed with trench foot and not frostbite. The physical examination taken by the applicant after his return from POW status indicates that his feet were normal. The available information and evidence indicates that the applicant suffered from trench foot and not frostbite and is therefore not authorized the Purple Heart.

2. In reviewing his case, it was noted that the applicant is also entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal, the Army of Occupation with Germany Clasp, the WWII Victory Medal, the Expert Marksmanship Badge with Rifle Bar and the Sharpshooter Marksmanship Badge with Machine Gun Bar.

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









RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the POW Medal, the Bronze Star Medal based on award of the Combat Infantryman Badge, the American Campaign Medal, the Army of Occupation with Germany Clasp, the WWII Victory Medal, the Expert Marksmanship Badge with Rifle Bar and the Sharpshooter Marksmanship Badge with Machine Gun Bar.

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


BOARD VOTE:

________ ________ ________ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __________John N. Slone_________
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073332
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030225
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.107.00
2.
3.
4.
5.
6.