RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 December 2005
      DOCKET NUMBER:  AR20050005281


      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. Lisa O. Guion                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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, correction to Item 30 (Military
Occupational Specialty and Number) of his separation document (WD AGO 53-
55) and award of the Purple Heart (PH).

2.  The applicant states, in effect, that he performed the majority of his
military service in military occupational specialty (MOS) "745" as a
Rifleman.  He states that he only performed duties in MOS “802” as an
Artillery Mechanic for his final two months on active duty, while he was in
a convalescent status.  He also states that he sustained frozen feet while
laying down support fire on top of a mountain for his platoon, which
entitles him to the award of the PH.

3.  The applicant provides the following documents in support of his
application: Third-Party (Son) Letter of Support; Letter to Member of
Congress;
Headquarters Officers’ School Letter; Request for Decoration and/or
Citation
(WD AGO Form 108); Army Separation Qualification Record (WD AGO Form 100);
WD AGO Form 53-55; and Office of The Adjutant General (OTAG) Letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 30 June 1945.  The application submitted in this case is dated 24
February 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 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 were not available to the Board for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  This case is being
considered using reconstructed records that primarily consist of the
applicant's separation documents, "Information from Hospital Admission
Cards" prepared by the Office of the Surgeon General (OTSG) created on 5
April 2004, and the supporting documents provided by the applicant.
4.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army
and entered active duty on 21 November 1942, and that he continuously
served on active duty until being honorably separated on 30 June 1945.  At
the time of his discharge, he had completed a total of 2 years, 7 months,
and 17 days of active military service.

5.  The applicant’s separation document also shows he served in the Pacific
Theater of Operations (PTO) from 11 May 1943 through 9 December 1943, and
that he held the rank of private first class (PFC/E-3) at the time of his
discharge.

6.  Item 30 of the applicant’s WD AGO Form 53-55 shows he held MOS “802”
(Artillery Mechanic Minor Maintenance), and Item 33 (Decorations and
Citations) shows he earned the following awards during his tenure on active
duty:
Army Good Conduct Medal; Asiatic-Pacific Theater Campaign Medal; and
1 Overseas Bar.  Item 34 (Wounds Received in Action) contains the entry
"Not Available."

7.  The applicant provides a letter from his unit commander in the PTO,
Subject:  Purple Heart and Unit Citation, dated 30 June 1944.  In this
letter, the unit commander stated that the applicant participated in the
successful attack upon Attu Island against Japanese Forces from 11 May 1943
to 30 May 1943, and that he suffered severely frozen feet during combat
causing hospitalization and evacuation, which entitled him to the PH.  The
unit commander also indicated the applicant was entitled to a unit citation
for his participation with the 7th Scout Company in the Attu campaign under
War Department General Order (WDGO) Number 10, for the period 11 May 1943
to 17 May 1943.

8.  The applicant also provides a WD AGO Form 100 that shows he held the
following military specialties for the periods indicated:  521 (Basic
Training), for
3 months; 745 (Rifleman), for 11 months; and 802 (Artillery Mechanic) for
1 year.

9.  The applicant also provides a Request for Decoration or Citation to The
Adjutant General, dated 25 June 1945.  In this letter, he requested the PH
and Distinguished Unit Citation.  The OTAG responded to this request and
indicated the applicant was entitled to the DUC under WDGO Number 10, dated

29 January 1944.  The OTAG failed to address the PH.

10.  The applicant also provides a letter of support authored by his son.
This letter solicits assistance in obtaining the PH, DUC, and the MOS
change requested by his father.
11.  The reconstructed record contains two different OTSG hospital reports
pertaining to the applicant.  They indicate that while he was assigned for
duty in the Aleutian Islands, the applicant was admitted to the hospital in
May 1943 and in October 1943.  He was categorized as a “battle casualty”
who was injured in the line of duty due to excessive cold conditions due to
reduced temperature causing “immersion foot” and immersion hand.  He was
hospitalized for a combined total of 166 days.

12.  In May 1945, he was admitted to a hospital at Fort Story, Virginia,
where he was treated for "peripheral vascular disease" (narrowing of
vessels that carry blood to the foot).  He remained hospitalized for 31
days until being medically discharged for disability due to "peripheral
vascular disease" of the foot caused in the line of duty.

13.  Technical Manual 12-235, which prescribed the policy and procedure for
the preparation and distribution of separation documents during the period
in question, and contained item by item entry instructions.  These
instructions for Item 30 indicated that the entry was self-explanatory,
which meant that a member’s military occupational specialty (MOS) would be
entered.

14.  War Department Circular 186-1944 provided that the CIB was to be
awarded only to infantrymen serving with infantry units of brigade,
regimental or smaller size.  The Awards Branch, Human Resources Command has
advised, in similar cases, that during World War II, the CIB was normally
awarded to enlisted individuals who served in the following positions:
Light machine gunner (604); Heavy machine gunner (605); Platoon sergeant
(651); Squad Leader (653); Rifleman (745); Automatic Rifleman (746); Heavy
Weapons NCO (812); and
Gun Crewman (864).

15.  Army Regulation 600-45 (Personnel Decorations), in effect through May
1944, contained the Army’s awards policy in effect at the time.  It
provided for award of the PH to members who were wounded in action against
an enemy of the United States, or as a direct result of an act of such
enemy, provided the wound necessitated treatment by a medical officer.  For
the purpose of awarding the PH, a wound was 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.  In connection with this definition of “wound”, the word “element”
referred to weather.

16.  In May 1944, a change to the awards regulation restricted award of the
PH for cold-weather injuries to personnel who were severely frostbitten
while engaged in combat, and specified that trench foot did not merit the
award.  In 1951, a change to the regulation eliminated weather related
injuries, to include frostbite, which they determined were accidental in
nature and not the result of enemy action, and eliminated weather related
injuries from PH consideration.

17.  In a 1998 Information Paper, the Military Awards Branch, Human
Resources Command, provided information regarding award of the PH for
frostbite and trenchfoot during World War II.  It indicated, in effect,
that after considering the regulatory guidance in effect at the time, and a
5 October 1944 recommendation of The Surgeon General that the PH be
authorized for frostbite, immersion foot and trenchfoot of a specified
degree of severity, and the conclusion that this was not practical, it was
concluded that the PH was authorized for severe cases of frostbite between
13 November 1943 and 21 August 1951, and that trenchfoot was never
officially recognized as meriting award of the PH.

18.  Army Regulation 600-8-22 (Military Awards), currently in effect,
prescribes the Army’s awards policy.  Paragraph 3-13 of the awards
regulation outlines the criteria for award of the BSM.  It states, in
pertinent part, that the BSM is authorized to members who, after 6 December
1941, were cited in orders or awarded a certificate for exemplary conduct
in ground combat against an armed enemy between 7 December 1941 and 2
September 1945.  This paragraph also stipulates that for this purpose, an
award of the CIB is considered as a citation in orders.

19.  Paragraph 5-11 of the awards regulation governs award of the World War
II Victory Medal.  It states, in pertinent part, that it is awarded for
service between
7 December 1941 and 31 December 1946.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his separation document should be
corrected to show that his MOS was "745" (Rifleman) has been carefully
considered.  The evidence of record confirms the applicant was serving as
an Artillery Mechanic at the time of his separation.  However, this is not
the primary factor on this issue and there are equity considerations that
warrant consideration.

2.  The applicant served in MOS "745" as a Rifleman for 11 months during
the time he served in combat in the PTO.  He was injured in the line of
duty and declared a battle casualty in May 1943.  He subsequently served in
MOS 802 for 1 year and 2 months after returning to the United States for
further treatment of his combat related cold weather injury.  However, the
record shows he was hospitalized for 197 days, which equates to over 8
months.  Although he held the MOS 802 at the time of his discharge, he
primarily served in MOS 745 as an infantryman during the preponderance of
his service, which includes his combat service in the PTO.  Therefore, it
would serve the interest of justice and equity to honor the applicant’s
request to change Item 30 of his separation document to reflect MOS "745,
Rifleman”.

3.  Further, given the applicant held an infantry MOS, served in a
qualifying infantry unit and participated with this qualifying unit while
it was engaged in combat action, as evidenced by the DUC recommendation of
his unit commander at the time, it appears he meets the regulatory criteria
necessary for award of the CIB.  In addition, the BSM is authorized to
members who received the CIB during World War II, between 7 December 1941
and 2 September 1945.  As a result, it would be appropriate to award the
applicant the CIB and BSM at this time.

4.  The evidence also confirms that his World War II and PTO service
entitle him to the World War II Victory Medal and the Distinguished Unit
Citation.  Thus, it would be appropriate to add these awards to his
separation document at this time.

5.  The applicant’s claim of entitlement to the PH was also carefully
considered.  The evidence shows the applicant was hospitalized for severe
immersion foot and was categorized as a battle casualty based on his having
sustained this cold-weather injury while in combat.  It also includes a
recommendation for the PH from his commanding officer, dated 20 June 1944,
which confirms he suffered from severely frozen feet he sustained during
combat, which caused his hospitalization and evacuation from the combat
area.

6.  The OTSG hospitalization report confirms the applicant was a battle
casualty, who was injured in the line of duty due to excessive cold
conditions, which required at least two periods of hospitalization in the
PTO totaling 166 days.  However, it states the diagnosed condition was
immersion foot.

7.  The applicant was recommended for the award of the PH for receiving a
severe cold-weather injury while in action with enemy forces by his unit
commander, he was hospitalized for this severe cold-weather injury, and he
was categorized as a battle casualty by military medical personnel.  The
awards regulation in effect at the time provided for award of the PH to
members who were wounded in action against an enemy of the United States,
or as a direct result of an act of such enemy, provided the wound
necessitated treatment by a medical officer.  A wound was 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 and the word "element" refers to weather.  Cold
weather injuries were not restricted until a May 1944 change to the
regulation.

8.  However, a 1998 information paper from the HRC Military Awards Branch
concluded that the PH was only authorized for frostbite between
13 November 1943 and 21 August 1951, and that trenchfoot was never
officially recognized as meriting award of the PH.  As a result, it would
be inconsistent with the policy in effect at the time, as interpreted in
this 1998 information paper, to support award of the PH in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___RTD _  __JBG __  ___SWF_  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:

      a.  amending his WD AGO Form 53-55 by deleting the current entry in
Item 30 and replacing it with "745, Rifleman" and by deleting the current
entry in Item 34 and replacing it with the entry “WIA, 31 May 1943, PTO”;


      b.  awarding him the Combat Infantryman Badge and Bronze Star Medal,
for his exemplary conduct in ground combat against an armed enemy in the
PTO from 11 May through 19 December 1943;


      d.  showing his entitlement to the World War II Victory Medal and
Distinguished Unit Citation; and


      e.  providing him a correction to his separation document that
includes these changes.

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.




            ____Richard T. Dunbar ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005281                           |
|SUFFIX                  |                                        |
|RECON                   |NO                                      |
|DATE BOARDED            |2005/12/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/06/30                              |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |Certificate of Disability of Discharge  |
|BOARD DECISION          |Grant/Partial                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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