RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          3 November 2005
      DOCKET NUMBER:  AR20050004898


      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. Thomas Howard                 |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 award of the Purple Heart.

2.  The applicant states, in effect, he suffered frozen feet during World
War II and that he was evacuated to a hospital in Paris and then to a
hospital in England.  He also contends that he was discharged from the
hospital to a light duty assignment in an Army Post Office Unit.  He claims
that he was awarded monthly compensation for the condition for over seven
years and that he was advised by doctors at that time it would become less
of a problem after 10 to 20 years; however, it is still a problem.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 May 1946.  The application submitted in this case is dated
29 March 2005.

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 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.

4.  The applicant was inducted on 15 March 1944.  He served in the European
Theater of Operations from 28 October 1944 through 5 May 1946 and was
honorably discharged on 18 May 1946.

5.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of
Separation) shows the European-African-Middle Eastern Campaign Medal with
two bronze service stars, the Good Conduct Medal, the World War II Victory
Medal, and three awards of the Overseas Service Bar as authorized awards.
Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the
entry, "NONE."  His WD AGO Form 53-55 also shows he received the Combat
Infantryman Badge.

6.  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
during World War II.

7.  There is no evidence in the available records which shows the applicant
was diagnosed with severe frostbite during World War II.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
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.

9.  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.

10.  Army Regulation 600-8-22 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant reported that he suffered frozen feet during
World War II, there is no medical evidence of record which shows he was
diagnosed with "severe" frostbite as required by the governing regulation
at the time in question. In the absence of such evidence, there is
insufficient evidence on which to base award of the Purple Heart in this
case.

2.  Based on award of the Combat Infantryman Badge, the applicant is
entitled to award of the Bronze Star Medal.

3.  Records show the applicant should have discovered the alleged error now
under consideration on 18 May 1946; therefore, the time for the applicant
to file a request for correction of any error or injustice expired on 1
January 1950 (3 years after the Board was established on 2 January 1947).
Although the applicant did not file within the ABCMR's statute of
limitations, it is appropriate to waive failure to timely file based on the
fact there is no statute of limitations on requests for award of the Purple
Heart.

4.  Evidence shows that the applicant’s records contain an administrative
error which does 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

TH_____  JI______  CD______  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.

2.  The Board determined that an administrative error 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 that he was awarded the Bronze Star Medal (based on award of the
Combat Infantryman Badge).



            __Thomas Howard_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004898                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051103                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0015                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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