Search Decisions

Decision Text

ARMY | BCMR | CY2002 | 2002080654C070215
Original file (2002080654C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 22 April 2003
         DOCKET NUMBER: AR2002080654


         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. Melvin H. Meyer Chairperson
Mr. Curtis L. Greenway Member
Ms. Mae M. Bullock 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 award of the Purple Heart.

3. The applicant states, in effect, that he was diagnosed with frostbite during World War II. In support of his application, he submits a letter of explanation, dated 22 August 2002; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and a postcard from the Casualty Branch, postmarked
23 April 1945.

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
15 May 1943. He served as an intelligence scout in the European Theater of Operations from 19 September 1944 through 18 January 1946 and was honorably discharged on 2 February 1946.

5. The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award.

6. The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 14 January 1945 for 102 days in the European Theater of Operations for frostbite (foot).

7. The applicant provided a postcard from the Casualty Branch of The Advocate General's Office, postmarked 12 May 1945. This postcard was sent to the applicant's mother on 23 April 1945 and advised her that the applicant was diagnosed with frostbite (foot) and was convalescing.

8. The applicant's WD AGO Form 53-55 shows he received the Combat Infantryman Badge during World War II.

9. 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.

10. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award. Until 23 August 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.

11. 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.

CONCLUSIONS:

1. Medical evidence of record shows the applicant was hospitalized on
14 January 1945 for 102 days in the European Theater of Operations for frostbite (foot). Therefore, the applicant is entitled to award of the Purple Heart and correction of his WD AGO Form 53-55 to show this award.

2. The applicant received the Combat Infantryman Badge during World War II. Therefore, the applicant is entitled to award of the Bronze Star Medal (based on award of the Combat Infantryman Badge) and correction of his WD AGO Form 53-55 to show this medal.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected:

         a. by adding the entries, "Purple Heart" and "Bronze Star Medal (based on award of the Combat Infantryman Badge)" in item 33 (Decorations and Citations) on the WD AGO Form 53-55 of the individual concerned:

         b. by deleting the entry, "NONE" in item 34 (Wounds Received in Action) on the WD AGO Form 53-55; and




         c. by adding the entry, "Frostbite (foot), 14 January 1945, European Theater of Operations" in item 34 on his WD AGO Form 53-55.

BOARD VOTE:

MHM___ CLG____ MMB_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Melvin H. Meyer________
                  CHAIRPERSON




INDEX

CASE ID AR2002080654
SUFFIX
RECON
DATE BOARDED 20030422
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT PLUS
REVIEW AUTHORITY
ISSUES 1. 107.0015
2. 107.0014
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002082244C070215

    Original file (2002082244C070215.rtf) Auto-classification: Approved

    There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action. Also, the Board notes that the applicant's WD AGO Form 53-55 shows one bronze service star as an authorized award. Medical evidence of record shows the applicant was diagnosed with trench foot on 22 October 1944.

  • ARMY | BCMR | CY2011 | 20110024803

    Original file (20110024803.txt) Auto-classification: Approved

    The applicant’s military records are not available to the Board for review. There is no evidence in the available record that shows the applicant was wounded as a result of hostile action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge effective 30 April 1945; b. awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge); and c....

  • ARMY | BCMR | CY2014 | 20140016914

    Original file (20140016914.txt) Auto-classification: Approved

    The applicant, the sister of a deceased former service member (FSM), requests correction of her late brother's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart, American Campaign Medal, and Army of Occupation Medal with Germany Clasp. Therefore, he is authorized award of the Army of Occupation Medal with Germany Clasp and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that...

  • ARMY | BCMR | CY2003 | 2003085443C070212

    Original file (2003085443C070212.rtf) Auto-classification: Approved

    The applicant's WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was diagnosed with frostbite during World War II.

  • ARMY | BCMR | CY2002 | 2002072655C070403

    Original file (2002072655C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show the second award of the Purple Heart and the Bronze Star Medal. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), his Honorable Discharge Certificate, a record of hospitalization, and a newspaper article. Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

  • ARMY | BCMR | CY2002 | 2002072137C070403

    Original file (2002072137C070403.rtf) Auto-classification: Approved

    A medical entry dated 5 November 1945 shows he had a history of frostbite in January 1945 and trench feet in April 1945. 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.” 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...

  • ARMY | BCMR | CY2008 | 20080018700

    Original file (20080018700.txt) Auto-classification: Approved

    Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States. His being hospitalized is accepted as evidence that he suffered from severe frostbite, and this evidence is sufficient as a basis to correct the applicant's records to show award of the Purple Heart. As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2002 | 2002082773C070215

    Original file (2002082773C070215.rtf) Auto-classification: Approved

    There is no evidence that the applicant’s records were corrected to show this award of the Bronze Star Medal. In the absence of evidence which shows that the applicant was severely frostbitten while engaged in combat during World War II, the DVA rating decision is insufficient by itself as a basis for award of the Purple Heart in this case. Records show the applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal...

  • ARMY | BCMR | CY2011 | 20110023400

    Original file (20110023400.txt) Auto-classification: Approved

    The applicant's military records are not available to the Board for review. Regrettably, there is insufficient evidence on which to award the Purple Heart in this case. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Bronze Star Medal based on award of the Combat Infantryman Badge; b. adding the Bronze Star Medal, World War II Victory Medal, and two bronze service stars for wear on his...

  • ARMY | BCMR | CY2003 | 2003086011C070212

    Original file (2003086011C070212.rtf) Auto-classification: Approved

    The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. That all of the Department of the Army records related to this case be corrected by showing that the applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge). That so much of the application as pertains to two additional awards of the bronze service star, award of the Purple Heart and correction of his WD AGO Form 53-55 to show frostbite be denied.