RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 February 2007
	DOCKET NUMBER:  AR20060011004 


	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. Gerard W. Schwartz

Acting Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Ted S. Kanamine

Chairperson

Mr. Larry C. Bergguist

Member

Ms. LaVerne M. Douglas

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, award of the Purple Heart.

2.  The applicant states, in effect, that he is entitled to award of the Purple Heart based on the fact that he suffered frozen feet while performing duty as an infantryman in a slit trench for a long period of time while on the front lines in Germany during World War II.  The applicant also states, in effect, when he was hospitalized the doctor diagnosed his condition as trench foot.  He further states, in effect, that all of his medical treatment has been for frozen feet ever since November 1944 to the present and he requests award of the Purple Heart.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of
21 August 1945; Army of the United States Honorable Discharge Certificate, dated 21 August 1945; Disabled American Veterans, National Service Office,
St. Petersburg, Florida, letter, dated 14 July 2006; and 4 pages of VISTA Electronic Medical Documentation, Progress Notes, printed on 26 January 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 21 August 1945, the date of his discharge.  The application submitted in this case is dated 23 July 2006.

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 service records show that he was inducted into the Army on 13 January 1944 and entered into active service on 3 February 1944. He was assigned to Company I, 414th Infantry Regiment, 104th Infantry Division; he departed for the European Theater of Operations (ETO) on 18 September 1944; and returned to the United States on 14 April 1945.  The applicant was honorably discharged and issued a Certificate of Disability on 21 August 1945.

4.  Item 32 (Battles and Campaigns) of the applicant's WD AGO Form 53-55 shows that he participated in the Rhineland campaign.  Item 31 (Military Qualification and Date (i.e., infantry, aviation and marksmanship badges, etc.)) contains the entry "Combat Infantry[man] Badge, 4 Dec[ember 19]44".  Item 33 (Decorations and Citations) shows that the applicant was awarded the European-African-Middle Eastern Campaign Medal with 1 bronze service star.  Item 34 (Wounds Received in Action) of the applicant's WD AGO Form 53-55 contains the entry "None."

5.  The applicant's military service records contain a copy of a document titled Trench Foot that shows, in pertinent part, the applicant was exposed to mud, rain, and cold on 17 November 1944 and that the exposure lasted 8 days.

6.  The applicant's military service records contain a copy of ETOUSAMD Form 319 (Disposition Board Proceedings - Transfer of Patient to Zone of Interior), approved on 23 January 1945.  This document shows, in pertinent part, that a board of medical officers found the applicant unfit for duty in the ETO because of "trench foot, bilateral, slight" that was incurred on or about 24 November 1944 in Germany.

7.  The applicant's military service records contain a copy of WD MD Form 55A (Clinical Record Brief).  This document shows, in pertinent part, that the applicant was admitted to the U.S. Army General Hospital, Camp Butner, North Carolina on 18 April 1945.  The admission diagnosis shows "[t]rench foot, bilateral, moderate, accidentally incurred approximately 24 Nov 44, Germany, following exposure to wet and cold weather during combat, manifested by hyperhydrosis, mottling of skin of feet and moderate swelling of feet upon prolonged standing or walking."

8.  The applicant's military service records contain a copy of a letter from the Chief, Special Actions Division, Veterans Services Directorate, U.S. Army Reserve Personnel Center, St. Louis, Missouri, dated 22 September 1994.  This document responds to the Honorable Jim B______, Representative in Congress, concerning the applicant's request for award of the Purple Heart based on his frozen feet.  It shows that the applicant's records were reviewed and revealed that he was hospitalized and treated for trench foot.  The letter adds that the Department of the Army ruled that service members who suffered from trench foot are not eligible for award of the Purple Heart.

9.  In support of his application, the applicant provides copies of his discharge documents that, in pertinent part, provide basic information to substantiate the applicant's service and awards.  He also provides a copy of a letter from the Disabled American Veterans, National Service Office and 4 pages of VISTA Electronic Medical Documentation, Progress Notes.  The letter shows, in pertinent part, that service connection was granted for residuals of cold injury for both of his feet at 30 percent each, effective 31 January 2006.  The Progress Notes show, in pertinent part, that the decreased blood flow in the applicant's feet could be affiliated with the cold injury residuals for which service connection was granted.

10.  A review of the applicant's WD AGO Form 53-55 reveals that he may be entitled to additional awards that are not shown on the document.

11.  The applicant was awarded the Combat Infantryman Badge; however, there is no evidence the applicant was awarded the Bronze Star Medal.

12.  There is no evidence the applicant received the first award of the Good Conduct Medal.  His records do not contain any adverse information and his character of service during the period of his active duty was honorable.

13.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register), dated 6 July 1961, and Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for World War II.  These documents show that at the time the applicant was assigned and performing duty with Company I, 414th Infantry Regiment (ETO), the applicant's unit was credited with participation in the Northern France and Rhineland campaigns.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  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 (emphasis added) while actually engaged in combat is authorized.  The Army regulation further states that substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.  The Military Awards regulation also provides examples of injuries or wounds which clearly do not qualify for award of the Purple Heart, among which trench foot is one of the type injuries specifically listed that does not qualify for the award.
15.  The Merriam-Webster, Medline Plus, Medical Dictionary Internet website is an online service of the U.S. National Library of Medicine and the National Institutes of Health that, in pertinent part, provides the definitions of medical terms.  This online medical dictionary defines frostbite as the superficial or deep freezing of the tissues of some part of the body (as the feet or hands); the damage to tissues caused by freezing.  It defines trench foot as a painful foot disorder resembling (emphasis added) frostbite and resulting from exposure to cold and wet.

16.  War Department Circular 269 (1943) established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186 (1944) further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.

17.  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 also 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.

18.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  The regulation states that, after 27 August 1940, three years of qualifying service was required for award of the Good Conduct Medal, but during the World War II era, the first award could be made based on one year of qualifying service provided that service occurred between 7 December 1941 to 2 March 1946.  The current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as one year is required for the first award in those cases when the period of service ends with the termination of Federal military service.


19.  Army Regulation 600-8-22, in pertinent part, authorizes award of the European-African-Middle Eastern Campaign Medal for qualifying service in the European-African-Middle Eastern Theater of Operations for the period 7 December 1941 to 8 November 1945.

20.  Army Regulation 600-8-22 also authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  This regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal, including the European-African-Middle Eastern Campaign Medal.

21.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

22.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States (CONUS) for the specific time frames and areas of operation cited in Army Regulation 670-1, or appropriate Department of the Army message.  For World War II service, one Overseas Service Bar is authorized for each period of 6 months active Federal service as a member of a U.S. Service outside CONUS from 7 December 1941 to 2 September 1946.  For credit toward the Overseas Service Bar, service is computed between dates of departure from, and arrival at, a port in the United States or the boundary of CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the Purple Heart based on the fact that he suffered frozen feet while performing duty as an infantryman in November 1944 while on the front lines in Germany during World War II.  He also contends, in effect, when he was hospitalized the doctor diagnosed his condition as trench foot, but that all of his medical treatment has been for frozen feet, since November 1944 to the present.  However, the applicant provides insufficient evidence to support his claim.

2.  The evidence of record shows that the applicant was treated for trench foot, bilateral, moderate, that was accidentally incurred on 24 November 1944 in Germany following his exposure to wet and cold weather during combat.  There is no evidence of record that shows the applicant was treated for frozen feet or frostbite.  Moreover, there is no evidence of record to show that the applicant was severely frostbitten (emphasis added) while actually engaged in combat, that this particular condition required treatment by a medical officer or that the medical treatment was made a matter of official record, as is required for award of the Purple Heart.  Therefore, the applicant is not entitled to award of the Purple Heart.

3.  The evidence of record shows that the applicant was awarded the Combat Infantryman Badge for exemplary conduct in action against the enemy during World War II.  An award of the Combat Infantryman Badge is considered to be a citation in orders.  Therefore, he is also entitled to award of the Bronze Star Medal for meritorious achievement.

4.  The applicant is entitled to the first award of the Good Conduct Medal for the period 3 February 1944 through 21 August 1945 based on completion of a period of qualifying service ending with the termination of a period of Federal military service.  Therefore, he is entitled to correction of his records to show this award.

5.  The evidence of record shows that, while the applicant was assigned to the 414th Infantry Regiment, the unit participated in two campaigns during his service in the ETO during World War II.  Therefore, he is entitled to award of
2 bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.

6.  The evidence of record shows that the applicant's service qualifies him for award of the World War II Victory Medal.  Therefore, he is entitled to correction of his records to show this service medal.

7.  Records show that the applicant served a total of 7 months in the European Theater of Operations during World War II.  Therefore, he is entitled to correction of his records to show award of 1 Overseas Service Bar.

8.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 21 August 1945; the date of his discharge. 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.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.  Although the applicant did not file within the ABCMR's statute of limitations, it is appropriate to waive failure to timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__TSK___  ___LCB _  ___LMD_  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.  awarding the applicant the Bronze Star Medal for meritorious achievement from 25 September 1944 to 24 November 1944;

	b.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity from 3 February 1944 to 21 August 1945;

	c.  correcting his WD AGO Form 53-55 to delete the "European-African-Middle Eastern Theater Ribbon with one (1) bronze battle star"; and

	d.  correcting his WD AGO Form 53-55 to add the Bronze Star Medal, Good Conduct Medal, European-African-Middle Eastern Campaign Medal with
2 bronze service stars, World War II Victory Medal, and 1 Overseas Service Bar.

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.




_____Ted S. Kanamine_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011004
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/27
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19450821
DISCHARGE AUTHORITY
AR 615-361, Section I
DISCHARGE REASON
Certificate of Disability for Discharge
BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015.0000
2.
107.0056.0000
3.

4.

5.

6.