RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         DECEMBER 21, 2004
      DOCKET NUMBER:  AR2004105756


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Semma E. Salter               |     |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 he be awarded the Purple Heart
and the Prisoner of War Medal.

2.  The applicant states, in effect, that he was captured on 19 December
1944 and for the next 5 months he suffered from frozen feet.  During this
time, he received no recognition in his records.  He adds that he was
listed as missing in action for the period.  VA (the Department of Veterans
Affairs) awarded him compensation, for frozen feet, after he was discharged
and he still receives this compensation.  The award was increased to 100%
on 18 May 2001.  For 55 years, he didn't care but due to recent events, he
feels that he deserves it.

3.  The applicant provides a copy of his WD AGO Form 53-55, Enlisted Record
and Report of Separation, Honorable Discharge, a copy of two Western Union
Telegrams sent to his mother, a copy of the Award of Disability
Compensation or Pension, dated 3 July 1946, and a summary of his
experiences, and a copy of a review, "Odyssey of a 'Kriegie'" that he
authored about his wartime experiences and service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice that
occurred on 5 December 1945.  The application submitted in this case is
dated 4 March 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.  The applicant's military records were lost or destroyed in the National
Personnel Records Center fire of 1973.  Information herein was obtained
from reconstructed personnel records.

4.  The applicant was inducted into the Army of the United States on
21 November 1942 and entered service at Fort George G. Meade, Maryland,
on the same date.  The applicant was honorably discharged in the grade of
Sergeant on 5 December 1945.

5.  The applicant's WD AGO Form 53-55, shows, in Item 33 (Decorations and
Citations), that he was awarded the European-African-Middle Eastern
Campaign Medal, with three bronze service stars; the American Theater
Ribbon; the Good Conduct Medal; and the World War II Victory Medal.  The
Purple Heart and the Prisoner of War Medal are not shown.

6.  Item 30 (Military Occupational Specialty and No.), of the applicant's
WD AGO Form, shows the applicant was a Military Policeman, Military
Occupational Specialty (MOS), 677, while he served on active duty.

7.  Item 31 (Military Qualification and Date), of the applicant's WD AGO
Form
53-55, shows that the applicant was awarded the Combat Infantryman Badge.

8.  Item 32 (Battles and Campaigns), of the applicant's WD AGO Form 53-55,
shows that the applicant was given credit for participating in the
Ardennes, the Rhineland, and the Central Europe campaigns of World War II.

9.  Item 34 (Wounds Received in Action), of the applicant's WD AGO Form
53-55, shows the entry, "None."

10.  Item 55 (Remarks), of the applicant's WD AGO Form 53-55, shows that
the applicant was issued the Lapel Button [correctly known as the Honorable
Service/Discharge Emblem].  This item also shows that the applicant was a
prisoner of war from 19 December 1944 to 4 May 1945.

11.  The World War II Prisoners of War Data File maintained by the National
Archives and Records Administration (NARA) shows that the applicant was
captured in Germany on 16 December 1944 and was repatriated in 1945.

12.  The applicant provided two Western Union Telegrams addressed to his
mother.  The text of the first telegram, dated January 12, reads, "The
Secretary of War desires me to express his deep regret that your son
Private First Class [the applicant] has been reported missing in action
since 16 December in Germany.  If further details or other information are
received, you will be promptly notified."  The text of the second telegram,
dated stamped 1945 May 25, reads, "The Secretary of War desires me to
inform you that your son [the applicant] returned to military control -
date unreported."
13.  Item 36 (Service Outside Continental U.S. and Return), of the
applicant's WD AGO Form 53-55, shows that the applicant departed the United
States on 21 October 1944 and arrived in Scotland on 29 October 1944.  He
departed the European Theater of Operations (ETO) on 4 June 1945 and
arrived in the United States on 12 June 1945.

14.  The applicant stated, in effect, in the self-authored summary of his
experiences that he appended to his DD Form 149, Application for Correction
of Military Record, that after he and other Soldiers were captured they
were forced to march in zero weather and in eight to ten inches of snow.
After this time and for the next five months, he suffered from frozen feet.

15.  The applicant was awarded a disability pension from the Department of
Veterans Affair on 3 July 1946 for a disability, frozen feet, that he
incurred or aggravated during his World War II service.

16.  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.

17.  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 (emphasis
added) is authorized.

18.  AR 600-8-22 provides, in pertinent part, for award of the Prisoner of
War Medal.  The regulation states that the Prisoner of War Medal was
authorized on 8 November 1985 and is awarded to individuals who in past
armed conflicts were taken prisoner or held captive.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence of record available to the Board, which
shows that the applicant sustained frozen feet before he was taken prisoner
of war, while he was engaged in actual combat with the enemy.  By his own
admission, the applicant and other Soldiers were captured on 19 December
1944; on the day after, they were marched in zero weather and in eight to
ten inches of snow and for the next five months he suffered the effects of
frozen feet.

2.  The Board noted the DVA decision to award service-connected disability
compensation for frozen feet since the injuries are consistent with his
service.  However, this decision is not sufficient as a basis for award of
the Purple Heart.

3.  The evidence of record shows that the applicant was captured by German
forces on 16 December 1944 and was held captive until 4 May 1945.  He is
therefore entitled to award of the Prisoner of War Medal and to have it
added to his WD AGO Form 53-55.

4.  The applicant was awarded the Combat Infantryman Badge during World
War II.  The applicant is therefore entitled to award of the Bronze Star
Medal based on this award of the Combat Infantryman Badge and to have it
added to his separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

fe______  ses_____  pms _____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding the applicant
the Bronze Star Medal, based on award of the Combat Infantryman Badge, and
the Prisoner of War Medal and adding these awards to his WD AGO Form 53-55.
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Purple Heart to the applicant.




                            _____Fred Eichorn___
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004105756                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  61                  |107.0015                                |
|3.  75                  |107.0029                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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