RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060011983 


	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. G. E. Vandenberg

Analyst

The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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, that he sustained a cold injury in combat in the European Theater of Operations (ETO) during World War II (WWII).  

3.  The applicant provides copies of a 17 July 1945 VA disability award letter, his WD AGO Form 53-55 (Enlisted Record and Report of Separation), and a WD AGO Form 100 (Army Separation Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 29 June 1945, the date of his discharge.  The application submitted in this case was received on 23 August 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 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 on this issue.  

4.  The applicant's WD AGO Form 53-55 shows that the applicant was inducted on 21 October 1943, entered active duty on 11 November 1943, and was awarded the military occupational specialty (MOS) 604 (Light Machine Gunner).  He served in the ETO with Company A, 346th Infantry Regiment, 87th Infantry Division from 29 October 1944 through 13 February 1945 and participated in the Rhineland Campaign.  He is shown to have qualified as an expert with the M1 

rifle and was awarded the European-African-Middle Eastern Campaign Medal.  Item 34 (Wounds Received in Action) states "None."  He was honorably discharged on 29 June 1945 and received a Certificate of Disability Discharge (CDD). 

5.  On 17 July 1945 the applicant was awarded a 10 percent VA disability rating, effective the day after his separation from active duty.

6.  In the development of this case a search of the health record research project records, commonly referred to as the "SGO Files", was made.  These records involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  This information is a valuable substitute for the records lost in the NPRC fire of 1973.  A search of these files found two entries indicating that on 15 December 1944 the applicant was admitted, treated and separated for disability with a medical problem first diagnosed as a condition due to reduced temperature caused by a ground type cold injury that was considered to have been a "Battle injury".  The final diagnosis line read "Trench foot" was added as a new diagnosis.  

7.  Army Regulation 600-8-22 (Military Awards) currently prohibits award of the Purple Heart for cold injuries; however, until 1951, Army Regulation 600-45, which governed the award of Army decorations, defined a “wound” as an injury to any part of the body from an outside force, element, or agent sustained while in action against an armed enemy or as a result of a hostile act of such enemy.  An “element” was further defined as weather and the award of the Purple Heart to personnel who were severely frostbitten while actually engaged in combat was authorized; however, award of the Purple Heart for trenchfoot was prohibited.

8.  A War Department Form 372 A (Final Payment – Work Sheet) shows that the applicant received combat infantry pay in the amount of $65.00 for the period of 15 December 1944 through 29 June 1945.

9.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  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.  Additionally, World War II holders of the Combat Infantryman Badge received a monthly pay supplement known as combat infantry pay.  Therefore, Soldiers had economic as well as intangible reasons to ensure that their records were correct. Thus, pay records are frequently the best available source to verify entitlement to this award.  

10.  The Awards Branch, Human Resources Command (formally known as the Total Army Personnel Command), has advised in similar cases that, during World War II, the Combat Infantryman Badge was normally awarded only 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).

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

12.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign Participation Credit Register shows, during the period the applicant served in Europe, the 346th Infantry Regiment, 87th Infantry Division is credited with participation in three campaigns, the Ardennes-Alace, the Central Europe, and Rhineland campaigns.  It further shows that this unit received the Meritorious Unit Citation.

13.  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.  

DISCUSSION AND CONCLUSIONS:

1.  This case fits the pattern described in the WW II background information on cold injuries in that the final diagnosis seams to be inconsistent with the "Battle injury" entry.

2.  He was discharged for disability due to this condition.  However, because the only diagnosis of record is trench foot and the Purple Heart was normally not authorized for "Trench foot" there is insufficient evidence to correct the record and award him the Purple Heart.

3.  The evidence clearly shows that the applicant was an infantryman, serving in an infantry unit during World War II and received combat infantry pay, indicating that he had served in combat.  Therefore, his records should be corrected by awarding him the Combat Infantryman Badge.

4.  Based on award of the Combat Infantryman Badge, the applicant is authorized award of the Bronze Star Medal. 

5.  The applicant's unit was awarded the Meritorious Unit Citation and as such the applicant's records should be corrected to show this authorized award.

6.  The available evidence of record indicates the applicant served in three campaigns and as such is entitled to wear three bronze service stars on his European-African-Middle Eastern Campaign Medal.

7.  Records show the applicant should have discovered the error or injustice now under consideration on 29 June 1945, the date of his separation from active duty. 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.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__DED__  __WDP  _  _WFC___  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 him Combat Infantryman Badge; 

	b.  awarding him the Bronze Star Medal, based on award of the Combat Infantryman Badge ; and

	c.  showing that, in addition to the awards shown on his WD AGO Form 53-55, his authorized awards include the Bronze Star Medal, Combat Infantryman Badge, the Meritorious Unit Citation, and to wear three bronze service stars on his already-awarded European-African-Middle Eastern Campaign Medal.  

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.



_       William D. Powers_____
          CHAIRPERSON


INDEX

CASE ID
AR210060011983
SUFFIX

RECON
 
DATE BOARDED
 20070426
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
 
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.