PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 April 2003
         DOCKET NUMBER: AR2002082773


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Roger W. Able		Member
Mr. Patrick H. McGann		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 award of the Purple Heart.

3. The applicant states that he was injured with frostbite of both feet in 1945 in Belgium. He also states, in effect, that he was found service connected for this injury by the United States Department of Veterans Affairs (DVA).

4. In support of is application, the applicant submitted a copy of his discharge document, a copy of a 21 March 2002 letter from the State of Florida Department of Veterans’ Affairs, a copy of the 20 March 2002 rating decision of the DVA, a copy of one page of the 325th Glider Infantry Association Newsletter.

5. The applicant’s service personnel records were lost or destroyed in a fire at the National Personnel Records Center in 1973. The records available to the Army Board For Correction of Military Records were provided in part by the applicant and also obtained from alternate sources.

6. The primary record available to this Board is the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge). This document shows that he was inducted on 9 August 1944 and that he served in the European-African-Middle Eastern Theater of Operations from 14 January 1945 to 29 Decenber 1945. He was honorably discharged on 3 July 1946.

7. The applicant’s WD AGO Form 53-55, which is authenticated in his own hand, does not show award of the Purple Heart in item 33 (Decorations and Awards). Item 34 (Wounds Received in Action) of the his WD AGO Form 53-55 shows the entry, “NONE.”

8. There are no hospital admission records for the applicant available from the historical records of the Office of The Surgeon General of the Army. There are no military medical records available to the Board which show that the applicant sustained frostbite or was treated for frostbite during World War II.

9. The applicant provided a copy of a DVA rating decision, dated 20 March 2002. This rating decision increased the 23 May 2000 rating for the applicant’s left foot from 10 percent to 20 percent. The rating decision states the diagnosis as “cold injury both feet, World War II.” This rating decision does not indicate military medical records were available or diagnosis of frostbite.

10. An article contained in the newsletter provided by the applicant refers to veterans awarded the Purple Heart being placed in DVA “enrollment priority group 3.” This article also states describes “Frozen Feet-Purple Heart- Disability” as a basis for award of the Purple Heart.

11. Review of the records available in this case revealed a DA Form 1577 (Authorization for Issuance of Awards), dated 15 March 1990, which shows the applicant was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge. There is no evidence that the applicant’s records were corrected to show this award of the Bronze Star Medal.

12. The applicant’s WD AGO Form 53-55 also shows that he participated in three campaigns during World War II which entitles him to award of three bronze service stars to be worn on his European-African-Middle Eastern Theater Ribbon. The applicant’s WD AGO Form 53-55 does not show the European-African-Middle Eastern Theater Ribbon with three bronze service stars.

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.

14. Army Regulation 600-8-22 (Military Awards) 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 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 the Combat Infantryman Badge service during World War II.

15. Army Regulation 600-8-22, in pertinent part, authorizes award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or in item 32 (Battles and Campaigns) of the WD AGO Form
53-55 (Enlisted Record and Report of Separation-Honorable Discharge). This regulation further states that authorized bronze service stars will be worn on the appropriate service medal which in this case is the European-African-Middle Eastern Theater Ribbon.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Purple Heart for frostbite sustained during World War II.

2. The Board noted the DVA rating decision which states that the applicant was rated for "residuals of cold injury both feet." While it is clear that the applicant sustained a cold weather injury, there is no evidence that he was severely frostbitten while engaged in combat during World War II.

3. 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.

4. 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 based on award of the Combat Infantryman Badge and correction of his records to show this award.

5. Records show the applicant served in three campaigns during World War II; therefore he is entitled to three bronze service stars to be affixed to his European-African-Middle Eastern Theater Ribbon.

6. 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 the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge and three bronze service stars to worn on his European-African-Middle Eastern Theater Ribbon.

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

BOARD VOTE:

__SAC__ __RWA__ __PHM__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _Mr. Samuel A. Crumpler_
                  CHAIRPERSON

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INDEX

CASE ID	AR2002082773
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.