PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 28 August 2003
         DOCKET NUMBER: AR2003086011


         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 Lanyi		Member
Mr. Harry B. Oberg		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show four "battle stars" (correctly known as bronze service stars) affixed to the European-African-Middle Eastern Campaign Medal instead of two bronze service stars. He requests that his WD AGO Form 53-55 be corrected to show that he had severe frostbite of both feet and, in effect, award of the Purple Heart. He also requests that his WD AGO Form 53-55 be corrected to show two unit citations.

3. The applicant states, in effect, that he participated in four battles/campaigns during World War II. He contends that while fighting in France he suffered severe frostbite to both of his feet during the winter months of 1945. He further contends that his WD AGO Form 53-55 should show two unit citations, one for being attached to the 1st French Army and one for being attached to the
3rd Army under General Patton. In support of his application, he submits two undated letters of explanation.

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 and his Final Payment Work Sheet.

5. The applicant's reconstructed records show the applicant was inducted on
7 October 1943. He served as a rifleman in the European Theater of Operations from 12 August 1944 through 13 February 1946 and was honorably discharged on 27 February 1946.

6. The applicant's WD AGO Form 53-55 shows that he participated in two battles/campaigns (Rhineland and Central Europe) and that he received the European-African-Middle Eastern Campaign Medal with two bronze service stars. There is no evidence in the available records which shows the applicant served in any additional battles/campaigns during World War II.

7. The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "None."

8. There are no medical records in the available records.

9. The applicant's WD AGO Form 53-55 shows entitlement to the Distinguished Unit Citation and the French Croix de Guerre in item 55 (Remarks). Therefore, this portion of the applicant's request to correct his WD AGO Form 53-55 to show two unit citations will not be discussed further in these Proceedings.

10. The applicant's WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge during World War II.
11. 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.

12. 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.

13. 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. The Board noted the applicant's contention that he participated in four battles/campaigns during World War II. However, the applicant's WD AGO Form 53-55 shows that he participated in two battles/campaigns and was authorized two bronze service stars to be affixed to the European-African-Middle Eastern Campaign Medal. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he participated in any other battles/campaigns during World War II. Therefore, the Board determined that there is insufficient evidence on which to award two additional bronze service stars.

2. The Board considered the applicant's contention that while fighting in France he suffered severe frostbite to both of his feet during the winter months of 1945. However, there is no medical evidence which shows that the applicant was diagnosed with frostbite during World War II. Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart for frostbite or to correct the applicant's WD AGO Form 53-55 to show that he suffered frostbite.

3. The applicant received 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 WD AGO Form 53-55 to show this medal.

4. 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 applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge).

2. 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.

BOARD VOTE:

AAO___ TL_____ HBO____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Arthur A. Omartian__
                  CHAIRPERSON

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INDEX

CASE ID	AR2003086011
SUFFIX
RECON
DATE BOARDED	20030828
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0015
3.
4.
5.
6.