RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070003859


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |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 that he be awarded the Purple Heart and all
other associated medals, awards, and recognition for wounds suffered during
the Battle of the Bulge and during his subsequent missing in action status,
capture, and internment as a prisoner of war (POW).

2.  The applicant states, in effect, that although he was a POW and his
service medical records are incomplete or completely absent, it has finally
been determined that his injuries and wounds received during the above time
were suffered as a result of his military service in direct conflict with
the enemy.

3.  The applicant provides his WD AGO Form 53-55 (Enlisted Record and
Report of Separation) and a Department of Veterans Affairs (VA) Rating
Decision, dated 20 May 2004.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  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.

3.  The applicant was inducted into the Army and entered active duty on
       26 August 1941.  His WD AGO Form 53-55 shows he served 2 years, 3
months, and 23 days of continental service.  He arrived in the European-
African-Middle Eastern Theater of Operations on 2 November 1943.

4.  The applicant was captured by the Germans on 26 December 1944 and
released on 3 April 1945.

5.  The applicant departed the theater of operations on 15 April 1945 and
was honorably discharged on 14 July 1945.

6.  The applicant’s WD AGO Form 53-55 shows he participated in five
campaigns and was awarded the American Defense Service Medal and the
European-African-Middle Eastern Service Medal (currently designated the
European-African-Middle Eastern Campaign Medal).

7.  On 18 July 1988, the applicant was authorized issuance of the POW
Medal.

8.  The applicant provided a VA Rating Decision, dated 20 May 2004.  The
Rating Decision noted that the applicant’s previous claim for service
connection had been denied in April 1974 on the basis of Separation
Examination results from the Army which made no reference to residuals of a
gunshot wound to his left upper extremity.  A more liberal policy took into
account the fact the service medical records of many POWs were deficient or
completely absent for diseases or injuries suffered during or immediately
prior to confinement and POWs suffered extreme hardships and deprivation
during confinement which physical or mental impairment may not have arisen
until many years after confinement.

9.  The VA Rating Decision noted that the results of a VA medical
examination dated 28 December 1973 documented the presence of a loss of
deep underlying fascia of the left forearm with associated residual
scarring, atrophy, and adhesive tissue development, and the examiner
provided a direct linkage between that wound residual and his former
military service.  Additionally, x-rays taken in April 2004 revealed the
presence of traumatic arthritis in the applicant’s left wrist with
associated multiple ossification densities in the left wrist, which the
examiner identified as possibly consistent with shrapnel/bullet fragments.

10.  The VA Rating Decision also awarded the applicant service connection
for cold injury residuals with osteoarthritis and peripheral neuropathy of
the left upper extremity.  The Rating Decision noted that, during his
internment, he was exposed to extremely severe cold temperatures without
sufficient clothing and, as a result, suffered cold injuries to his
extremities.

11.  Army Regulation 600-8-22 (Military Awards) states 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 by a
medical officer, and the medical treatment must have been made a matter of
official record.
12.  Army Regulation 600-45, then in effect, provided, in pertinent part,
for the award of the Purple Heart to personnel severely frostbitten while
actually engaged in combat.

13.  Army Regulation 600-8-22 states, in pertinent part,  “(5)  Examples of
injuries or wounds which clearly do not qualify for award of the Purple
Heart are as follows:  (a) Frostbite or trench foot injuries.”

14.  The National Defense Authorization Act for Fiscal Year 1996 authorized
the award of the Purple Heart to persons wounded while held as POWs before
     25 April 1962.  The provision extends the current criteria for the
Purple Heart to former POWs that were held prior to 25 April 1962 and
suffered wounds at the hands of their captors.  (Previously, only those who
became POWs after 25 April 1962 and were wounded while prisoners of foreign
forces could be awarded the medal.)

15.  Army Regulation 600-8-22 provides for award of the POW Medal to
Soldiers who were taken prisoner and held captive while engaged in an
action against an enemy of the United States.  It will only be awarded when
the individual’s POW status has been officially confirmed and recognized as
such by the Department of the Army.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
American Campaign Medal.  This campaign medal is awarded for qualifying
service in the American Theater between 7 December 1941 and 2 March 1946.
Qualifying service for this campaign medal includes permanent assignment
outside the continental United States but within the American Theater of
Operations, duty as a crewmember aboard a vessel sailing ocean waters for
  30 consecutive or 60 nonconsecutive days, or duty outside the continental
 United States as a passenger or in a temporary duty status for 30
consecutive   or 60 nonconsecutive days, or active combat against the enemy
and was awarded a combat decoration or furnished a certificate by a corps
commander or higher, or service within the continental United States for an
aggregate period of one year.

17.  Army Regulation 600-8-22 provides for award of the World War II
Victory Medal for service between 7 December 1941 and 31 December 1946,
both dates inclusive.

18.  Army Regulation 600-8-22 authorizes award of a bronze service star,
based on qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal, including the European-African-
Middle Eastern Campaign Medal. One silver service star is worn in lieu of
five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his service medical records are
incomplete or completely absent because he was a POW has been carefully
considered and is completely understandable.

2.  However, it was a VA determination, based upon a liberal interpretation
of its policy, that his injuries and wounds received during the above time
were suffered as a result of his military service.  The VA operates under
its own policies and procedures, and the Army is not bound by the
determinations that the VA may make.

3.  Although no service medical records on the applicant are available, it
appears his separation examination was available, and that examination made
no reference to residuals of a gunshot would to his left upper extremity.
In the absence of evidence more contemporaneous to the date of the
applicant’s World War II service (e.g., VA medical documentation from the
1940s/1950s), there is insufficient evidence to show the applicant’s
gunshot wound was the result of hostile action.

4.  It is acknowledged that the VA has also granted the applicant service
connection for residuals due to a cold weather injury.  The regulation in
effect at the time provided for award of the Purple Heart to personnel
severely frostbitten while actually engaged in combat.  The VA Rating
Decision indicated the applicant’s injuries were the result of exposure to
extremely severe cold temperatures while he was interned.  The current
regulation states that frostbite injuries are not eligible for award of the
Purple Heart.

5.  The applicant’s sacrifices in the service of his Nation are greatly
appreciated; however, regrettably, at this time there is insufficient
evidence that would warrant award of the Purple Heart.

6.  The available evidence of record shows the applicant served in five
campaigns and is therefore authorized to wear one silver service star on
his European-African-Middle Eastern Campaign Medal.  He also met the
eligibility criteria for award of the POW Medal, the American Campaign
Medal, and the World War II Victory Medal.  These awards should be added to
this WD AGO Form 53-55.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __fcj___  __cd____  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 the WD AGO Form 53-55 of the individual concerned be
corrected by:

     a.  deleting the entry “European-African-Middle Eastern Service
Medal”; and

     b.  adding the POW Medal, the American Campaign Medal, the European-
African-Middle Eastern Campaign Medal with one silver service star, and the
World War II Victory 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.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003859                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070906                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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