PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 3 June 2003
         DOCKET NUMBER: AR2003085443


         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:

Ms. Joann Langston		Chairperson
Ms. Jennifer L. Prater		Member
Mr. Paul M. Smith		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 had frozen feet and frostbitten hands. He contends, in effect, that while he was hospitalized he was told that he would receive the Purple Heart; however, an administrative order was given to "stop" issuing the Purple Heart. In support of his application, he submits a Department of Veterans Affairs (DVA) decision, dated 20 September 1999; and a WD AGO Form 100 (Separation Qualification Record), dated 31 July 1945.

4. The applicant’s military records have been lost or destroyed. This case is being considered using reconstructed records. The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 (Enlisted Record and Report of Separation), pay records and limited medical records.

5. The applicant's reconstructed records show the applicant was inducted on
10 August 1943. He served as a light machine gunner in the European Theater of Operations from 24 October 1944 through 11 March 1945 and was honorably discharged on 31 July 1945 by reason of physical disability due to trench foot.

6. 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."

7. 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.

8. The available records contain an Office of the Surgeon General List which shows the applicant was hospitalized and diagnosed with trench foot on
15 December 1944 in the European Theater of Operations. This medical record also shows that the applicant was hospitalized for 228 days and discharged by reason of physical disability due to trench foot in July 1945.

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

10. In support of his claim for award of the Purple Heart, the applicant provided a DVA decision, dated 20 September 1999. This decision shows that service connection was granted for residuals of frozen feet and residuals of frostbitten hands by the DVA.

11. The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal with one bronze service star, the Combat Infantryman Badge and the Good Conduct Medal as authorized awards.

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 provides, in pertinent part, for award of the American Campaign Medal. This 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.

16. Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal. It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.



CONCLUSIONS:

1. The Board noted the 1999 DVA documentation provided by the applicant which shows that service connection was granted for residuals of frozen feet and frostbitten hands. 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 15 December 1944 in the European Theater of Operations. Medical evidence of record also shows the applicant was discharged by reason of physical disability due to trench foot in July 1945. 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. Evidence of record shows the applicant served a period of qualifying service for award of the American Campaign Medal and the World War II Victory Medal. Therefore, the applicant's WD AGO Form 53-55 should be corrected to show these medals.

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), the American Campaign Medal and the World War II Victory Medal.









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

BOARD VOTE:

jl______ jlp_______ pms_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Joann Langston_______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003085443
SUFFIX
RECON
DATE BOARDED	20030603
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.