RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20050000248


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 correction of his records to show award of the
Purple Heart.

2.  The applicant states, in effect, as a result of his injuries during the
Battle of the Bulge he subsequently lost both his legs.

3.  The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report
of Separation-Honorable Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 May 1946.  The application submitted in this case is dated 9
December 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 limitations 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 are not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the Board
to conduct a fair and impartial review of this case.  In addition, the
applicant's WD AGO Form 53-55 and Hospital Admission Cards from the Office
of The Surgeon General of the Army were available.

4.  The applicant's WD AGO Form 53-55 shows he was inducted and entered
active duty on 25 February 1944.  The applicant arrived in the European
theater of operations on 8 December 1944 while assigned to I Company, 253rd
Infantry Regiment, 63rd Infantry Division.  He departed the European
theater of operations on 17 May 1946.  He was honorably discharged on 27
May 1946.

5. Item 31 (Military Qualification and Date) contains the entry "Combat
Infantryman Badge 17 January 1945."
6.  Item 33 (Decorations and Citations) shows the applicant was awarded the
European-African-Middle Eastern Theater Campaign Ribbon with 1 bronze
service star, the Army Good Conduct Medal, and the World War II Victory
Medal. Item 34 (Wounds Received in Action) shows the entry "None."

7.  The applicant's records contain information from the Hospital Admission
Cards created by the Office of The Surgeon General of the Army.  This
record showed the applicant was hospitalized for combat related trench foot
in the European theater on or about 20 February 1945.

8.  There are no General Orders in the applicant's records that show he was
awarded the Purple Heart.

9.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards and campaign
participation credit received by units serving during World War II.  This
document shows that the 253rd Infantry Regiment, 63rd Infantry Division was
awarded occupation credit for Germany for the period 2 May 1945 through 18
September 1945.

10.  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 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.

11.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Army of Occupation Medal is awarded for service of 30
consecutive days at a normal post of duty in a qualifying location.  For
Germany, service must have been between 9 May 1945 and 5 May 1955 and the
European-African-Middle Eastern Campaign Medal (formerly designated a
Theater Ribbon) must have been awarded prior to 9 May 1945.

12.  Army Regulation 600-45 (Decorations) dated 22 September 1943, Change
6, paragraph 16, states that for the purpose of awarding the Purple Heart,
a wound is defined as an injury to any part of the body from an outside
force, element, or agent sustained as the result of a hostile act of the
enemy or while in action in the face of the enemy.  The word element as
used in this definition refers to weather and permits award to personnel
severely frostbitten while actually engaged in combat.  However, trench
foot was specifically mentioned as a condition which would not be
considered as meriting award.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's service personnel records that
show he was awarded the Purple Heart.  The Hospital Admission Cards from
the Office of The Surgeon General of the Army show that the applicant was
treated for trench foot on 20 February 1945.  However, Army Regulation 600-
45 states that trench foot would not be considered as meriting the award of
the Purple Heart.

2.  Evidence of record shows that the applicant received the Combat
Infantryman Badge on 17 January 1945 which makes him eligible for award of
the Bronze Star Medal.  Therefore, the applicant's WD AGO Form 53-55 should
be amended to add this award.

3.  The applicant met the eligibility criteria for award of the Army of
Occupation Medal with Germany.  This award should be added to his WD AGO
Form 53-55.

4.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 27 May 1946.  However, the ABCMR was
not established until 2 January 1947.  Therefore, 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
limitations, it is appropriate to waive failure to timely file in this case
based on the fact there is no statute of limitations on requests for award
of the Purple Heart.

5.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ WDP _  __ LCB  _  __ JBG  _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of the Bronze Star Medal (based on award
of the Combat Infantryman Badge) and the Army of Occupation Medal with
Germany.




                            __ William D. Powers __
                                   CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000248                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |28 July 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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