RECORD OF PROCEEDINGS


      IN THE CASE OF:



      BOARD DATE:        9 December 2004
      DOCKET NUMBER:  AR2004105559


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected to show
award of the Purple Heart.

2.  The applicant states that he was hit by a piece of shell (shrapnel) in
the back on the 16th of December 1944 during the Battle of the Bulge.  He
states that he was unable to seek medical attention due to the unusual
situation of being in battle.  The applicant continues that he and many of
the other soldiers had frozen feet due to exposure to ice and snow, many of
them could hardly walk due to their frozen and frostbitten feet.

3.  The applicant continues that he feels sure that he shed more blood on
the battlefield than many past recipients of the Purple Heart.  Even though
he feels he should qualify for the Purple Heart for frostbite (frozen feet)
his humble request for the Purple Heart is for the blood he shed on the
battlefield December 16, 1944, during the Battle of the Bulge which makes
him feel more deserving of the honor.  The applicant concludes that he
deserves the Purple Heart Award for his service to his country.

4.  The applicant provides a copy of a 24 April 1997 self authored letter,
a copy of a letter order for award of the Bronze Star Medal, and a
newspaper article.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 20 June 1945, the date of his separation from active duty.  The
application submitted in this case is dated 2 April 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  A portion of 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 ABCMR were obtained from partially destroyed
records and information received from the applicant.

4.  The applicant's military records show that he entered active service on
        21 December 1943.  He successfully completed basic training and
advanced individual training and was awarded the military occupational
specialty (MOS) 746 (Automatic Rifleman).  He served in the European
Theater of Operations from 28 October 1944 through 23 March 1945 as a
member of the 424th Infantry Regiment of the 106th Infantry Division.  He
was separated from active duty on 20 June 1945.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation and Honorable Discharge) shows that he was awarded the Combat
Infantrymen Badge, the European-African-Middle Eastern Campaign Medal, and
the Good Conduct Medal.

6.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains
the entry "None."  The applicant authenticated this document with his
signature in Item 56 (Signature of Person Being Separated).

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 applicant's medical records show that on 24 December 1944, he was
admitted to the 3d Battalion Aid Station of the 424th Infantry, and was
diagnosed with trench foot, bilateral, moderate, due to exposure to extreme
cold and damp during combat duty, psychosis, and chronic tonsillitis.

9.  Information from the hospital admission cards of the Office of the
Surgeon General of the Army, confirms that the applicant was admitted on 24
December 1944 to an General Hospital for a condition due to reduced
temperature; trench foot, psychosis, and chronic tonsillitis.  The
causative agent of the injury is shown as "Cold Injury, Ground Types."

10.  In an incomplete newspaper article submitted by the applicant titled
"Slightly Wounded" says that the applicant was slightly wounded in Germany
on ___ 17 while serving with an infantry division attached to Hodges' First
Army.

11.  Records show that on 16 June 1952, the applicant was awarded the
Bronze Star Medal for exemplary conduct in ground combat against the armed
enemy on or about 16 December 1944, in the European Theater of Operation,
while assigned to the 424th Infantry Regiment.

12.  In a 24 April 1997, self-authored letter, the applicant relates that
he was admitted to the North Monroe Columbia Hospital, in Monroe, Louisiana
for severe arthritis.  Through x-rays, MRI and ultrasound, a portion of
metal was visible in his back near the spine.  After being ask by the x-ray
technician if he had ever been shot in the back, he answered  "Yes" on
Saturday December 16, 1944.

13.  Army Regulation 600-8-22 (Military Awards) provides 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.

14.  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.

15.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the campaigns participated in by units
during World War II.  This document shows that, at the time of the
applicant’s assignment to the 424th Infantry Regiment of the 106th Infantry
Division, it participated in the Ardennes-Alsace, and the Rhineland
campaigns.

16.  Army Regulation 600-8-22 (Military Awards), in pertinent part,
authorizes award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

17.  Department of the Army Pamphlet 672-1 also lists unit citations,
foreign unit awards and occupation credit that units received during World
War II.  During the applicant's assignment to the 424th Infantry Regiment
of the 106th Infantry Division, the unit was cited for the award of the
Belgian Fourragere for actions during the periods 16 December through 31
December 1944 and 20 January through 29 January 1945 based on Department of
the Army General Orders    43, dated 1950.

18.  Army Regulation 600-8-22 (Military Awards) 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.

19.  Army Regulation 600-8-22 (Military Awards) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Purple Heart.

2.  The applicant's WD AGO Form 53-55, which was authenticated in his own
hand at the time of his separation from the Service, does not show the
Purple Heart as an authorized award.

3.  There are no orders in the applicant's service personnel records, which
show that he was awarded the Purple Heart, and there is no evidence in his
records that he was wounded or treated for wounds as a result of hostile
action.

4.  Medical records show that the applicant was diagnosed with trench foot
at the time in question by competent military medical authorities.  The
governing regulation, in effect at the time of the applicant’s separation,
specifically states that trench foot will not be considered as meriting
award of the Purple Heart.  In the absence of records which show that the
applicant sustained “frostbite” while engaged in combat, there is
insufficient evidence upon which to base award of the Purple Heart in this
case.

5.  Records show the applicant participated in two campaigns during his
service in World War II.  Therefore, he is entitled to award of two bronze
service stars to be worn on his European-African-Middle Eastern Campaign
Medal.


6.  During the applicant's assignment with the 424th Infantry Regiment of
the 106th Infantry Division, the unit was cited for award of the Belgian
Fourragere.  Therefore, the applicant is entitled to award of the Belgian
Fourragere.

7.  In accordance with governing regulations, the applicant is entitled to
the award of the World War II Victory Medal and the American Campaign Medal
based on his service during World War II from 21 December 1943 to 20 June
1945.

8.  Records show that the applicant was awarded the Bronze Star Medal.
Therefore, his WD AGO Form 53-55 should be amended to show the Bronze Star
Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 June 1945, the date of his
separation from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.
Although the applicant did not file within the ABCMR's statute of
limitation, it is appropriate to waiver failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

10.  The evidence shows that the applicant's record contains administrative
errors that do not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph two of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___mm__  ___lds___  __mjf ___  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned to show the
Purple Heart.

2.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that, in addition to the awards already listed on his WD
AGO Form 53-55, he was awarded the European-African-Middle Eastern Campaign
Medal with two bronze service stars, the Bronze Star Medal, the Belgian
Fourragere, the World War II Victory Medal and the American Campaign Medal.




                                  ____    Melvin H. Meyer_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105559                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/12/09                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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