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ARMY | BCMR | CY2005 | 20050002980C070206
Original file (20050002980C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         6 OCTOBER 2005
      DOCKET NUMBER:  AR20050002980


      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. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. LaVerne Berry                 |     |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 a new, completed, and updated discharge which
shows the battles that he was in and medals and ribbons he is entitled to.
He specifically asks that the record show award of the Purple Heart.

2.  The applicant states that his World War II separation document is
incomplete because his records were probably not available at the time of
his discharge.  He states that he received the Purple Heart and Bronze Star
Medal in 1950.  He states that it is important to him and his family that
his records and discharge be correct and complete.

3.  The applicant provides photographs of the envelope he states he
received in 1950 containing the Purple Heart and Bronze Star Medal, the
medal presentation boxes, and photographs of the reverse side of his Bronze
Star Medal and Purple Heart as evidence of his entitlements to the awards.

CONSIDERATION OF EVIDENCE:

1.  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.

2.  The applicant's separation document indicated that he entered active
duty on 18 August 1943 and arrived in the European Theater of Operations in
May 1944.

3.  Files maintained by the Office of The Surgeon General, commonly
referred to as the SGO files indicate that in January 1945 he was
hospitalized for frostbite and remained hospitalized for approximately 35
days.  The frostbite was recorded as a "battle injury."

4.  The applicant departed Europe in January 1946, arrived in the United
States on 9 February 1946 and was discharged as a result of demobilization
on
14 February 1946.  His separation document does not reflect entitlement to
the Purple Heart and item 34 (wounds received in action) reflects "NONE."
The separation document does reflect entitlement to the Combat Infantryman
Badge and that the applicant participated in three battles/campaigns.  The
separation document also shows he was assigned to the 517th Parachute
Infantry Regiment at the time of his separation.
5.  The photographs provided by the applicant suggest that he was presented
with a Purple Heart in 1950.

6.  Army Regulation 600-45 (Decorations), which governed the award of Army
decorations until 23 August 1951, 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.

7.  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.  Therefore, the Bronze Star Medal
is to be awarded to individuals who were authorized either badge for
service during World War II.

8.  The World War II separation document is no longer in the Army's
inventory.  Corrections to that document are accomplished utilizing the
procedures for correcting the Department of Defense Form 214 (Certificate
of Release or Discharge from Active Duty) which are contained in Army
Regulation 635-5.  Corrections to separation documents are accomplished
utilizing a Department of Defense Form 215 (Correction to a Certificate of
Release or Discharge from Active Duty.)  That regulation also notes that
once issued a separation document will not be reissued unless specifically
directed by proper appellate authority, Executive Order, or by the
Secretary of the Army.  It can also be reissued when it is determined that
the original separation cannot be properly corrected by issuance of a
Department of Defense Form 215.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to the Bronze Star Medal based on his award
of the Combat Infantryman Badge.  His records should be corrected
accordingly.

2.  The evidence also confirms that the applicant's frostbite was
determined to have occurred while engaged in combat action and was
sufficiently severe to warrant lengthy hospitalization.  He would have,
therefore, met the requirements for award of the Purple Heart and the medal
he now has in his possession was likely issued in recognition of that
severe frostbite injuries.  The evidence confirms he is entitled to an
award of the Purple Heart and his records should be corrected accordingly,
including a correction to item 34 on his separation document to show that
he was injured in January 1945 in the European Theater.

3.  Unfortunately, the absence of the applicant's military service records
makes it impossible to determine if he did in fact participate in any
additional battles/campaigns than those already recorded on his separation
document.  As such, there is no basis to add any additional battles or
campaigns to that document.

4.  Additionally, his entitlement to the Bronze Star Medal and the Purple
Heart, and the notation that he was wounded in January 1945, can be added
to his separation document utilizing a Department of Defense Form 215.
There is no reason to issue an entirely new separation document as the
applicant has requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__CG___  ___RD___  __LB ___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected:

      a.  by awarding him the Bronze Star Medal based on his World War II
Combat Infantryman Badge;


      b.  by awarding him the Purple Heart; and


      c.  by correcting item 34 on his separation document to show he
sustained an injury in January 1945 in the European Theater.


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
issuing an entirely new separation document and including additional
battles/campaigns on his separation document.




                                  _____Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002980                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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