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ARMY | BCMR | CY2002 | 2002074831C070403
Original file (2002074831C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 25 February 2003
         DOCKET NUMBER: AR2002074831


         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.


2. The applicant requests that he be awarded the Purple Heart.

3. The applicant states that he suffered from frostbite during World War (WW) II.

4. In support of his request, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

5. The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center. Information herein was derived from information furnished by the applicant or obtained from the hospital admission cards created by the Office of The Surgeon General (OTSG).

6. His WD AGO Form 53-55 reflects that he was inducted on 9 March 1943, and served as an ammunition handler and rifleman in the European Theater of Operations from 3 September 1944 through 30 January 1945. He was honorably discharged with a Certification of Disability Discharge on 24 March 1945, in the rank of private.

7. His awards include the Good Conduct Ribbon and the European-African-Middle Eastern Theatre Ribbon with one bronze campaign star. He was credited with 1 year, 6 months and 15 days continental service, which equates to qualifying service in the American Theater for award of the American Campaign Medal.

8. Information obtained from hospital admission cards created by the OTSG reflects that the applicant was admitted to a hospital on 13 November 1944 with a battle injury diagnosed as trench foot caused by cold injury. It also reflects he was hospitalized for 131 days and that he was discharged or retired for disability and that there was a second diagnosis not identified.

9. 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.






10. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the WWII Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

11. 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.

CONCLUSIONS:

1. Information obtained from the OTSG files indicates that the applicant was diagnosed with trench foot and not frostbite and as such does not meet the criterion for award of the Purple Heart.

2. Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to award of the WWII Victory Medal and the American Campaign Medal.

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 be corrected by awarding the individual concerned the WWII Victory Medal and the American Campaign Medal.












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

BOARD VOTE:

__lf_____ ____jns__ ___reb__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________John N. Slone_______
                  CHAIRPERSON




INDEX

CASE ID AR2002074831
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020225
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 1.107.015
2.
3.
4.
5.
6.


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