PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 May 2003
         DOCKET NUMBER: AR2002082244


         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. Arthur A. Omartian		Chairperson
Mr. Thomas A. Pagan		Member
Mr. Roger W. Able		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, award of the Purple Heart.

3. The applicant states, in effect, that he is entitled to award of the Purple Heart for injuries to both feet due to frostbite and trench foot during World War II. He contends that he left the front line and was taken to the field hospital where they had to cut his boots off his feet. He states that the surgeon said he had frostbite and trench foot. He also contends that he lost parts of his small toe on each foot. In support of his application, he submits a letter of explanation, dated 18 October 2002; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and Department of the Veterans Affairs (DVA) Compensation and Pension Exam Report, dated 15 September 1998.

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
22 December 1943. He served as a rifleman in the European Theater of Operations from 15 August 1944 through 19 January 1945 and was honorably discharged on 17 November 1945 by reason of physical disability.

5. 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. Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states, "None."

6. 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.

7. The available records contain an Office of the Surgeon General List which shows the applicant was hospitalized and diagnosed with trench foot on
22 October 1944 in the European Theater of Operations.

8. There is no evidence in the available records which shows the applicant was diagnosed with frostbite during World War II.

9. In support of his claim for award of the Purple Heart, the applicant provided a DVA medical record, dated 15 September 1998. This medical record states, in pertinent part, "The veteran has significant residual effects from the extreme cold injury which required treatment while he was in the military three times. The veteran has the typical feet of the person who has been exposed to cold weather."

10. The applicant's WD AGO Form 53-55 shows the Combat Infantryman Badge as an authorized award.



11. The Board notes that the applicant is eligible for the European-African-Middle Eastern Campaign Medal which is not shown on his WD AGO Form
53-55. The Board also notes that the applicant's WD AGO Form 53-55 shows that he participated in one campaign during his assignment in the European Theater of Operations. Also, the Board notes that the applicant's WD AGO Form 53-55 shows one bronze service star as an authorized award.

12. 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.

13. 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. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart.

14. 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.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945. Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and



Campaigns) of the WD AGO Form 53-55. The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.

CONCLUSIONS:

1. The Board considered the applicant's contention that he is entitled to award of the Purple Heart for injuries to both feet due to frostbite. 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.

2. Medical evidence of record shows the applicant was diagnosed with trench foot on 22 October 1944. However, the current governing regulation and the regulation in effect at the time specifically state that trench foot injuries do not qualify for award of the Purple Heart. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

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

4. The applicant's WD AGO Form 53-55 does not show the European-African-Middle Eastern Campaign Medal as an authorized award. However, his WD AGO Form 53-55 does show that he served in the European Theater of Operations from 15 August 1944 through 19 January 1945 and participated in one campaign. Therefore, the applicant is entitled to correction of his WD AGO Form 53-55 to show award of the European-African-Middle Eastern Campaign Medal with one bronze service star.

5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the European-African-Middle Eastern Campaign Medal with one bronze service star.






2. That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:

AAO___ TAP_____ RWA____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Arthur A. Omartian_____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082244
SUFFIX
RECON
DATE BOARDED	20030515
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.	107.0000
3.
4.
5.
6.