IN THE CASE OF:	  

		BOARD DATE:	        19 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018700 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that award of the Purple Heart be added to his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).  

2.  The applicant states he had frostbite of his feet during the Battle of the Bulge in December 1944 and he was hospitalized for 4 months.  After he was discharged from the hospital, his doctor gave him a Purple Heart medal, but he was not given any paperwork for the medal.  

3.  The applicant provides a copy of his WD AGO Form 53-55; his Honorable Discharge Certificate; and a document from the 4180th U.S. Army Hospital Plant in support of his application.  

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 of the United States (AUS) and entered active duty on 20 April 1944.  He served in the European Theater of Operations from 20 November 1944 through 18 December 1945.  

4.  In an undated document from the 4180th U.S. Army Hospital Plant, the applicant's wife was informed that he was "making normal improvement" on 10 February 1945 and that his diagnosis was "frost bite of feet."  

5.  The applicant was honorably discharged on 5 February 1946.  His WD AGO Form 53-55 shows the European-African-Middle Eastern Theater Campaign Medal with three bronze service stars, the Army Good Conduct Medal, and the World War II Victory Medal..

6.  Item 34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows the entry “NONE.”

7.  Item 31 (Military Qualification and Date) shows the applicant was awarded the Combat Infantryman Badge.  

8.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue commanders must take into consideration is the degree to which the enemy caused the injury.  The fact the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.



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.  Therefore, 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.  The applicant states that he had frostbite of his feet during the Battle of the Bulge in December 1944 and was hospitalized for 4 months.  He also states that his doctor gave him a Purple Heart medal after he was discharged from the hospital.  

2.  The document from the 4180th U.S. Army Hospital Plant shows the applicant had been hospitalized for frostbite and was "making normal improvement" as of 10 February 1945.  His being hospitalized is accepted as evidence that he suffered from severe frostbite, and this evidence is sufficient as a basis to correct the applicant's records to show award of the Purple Heart.  In addition, it would be appropriate to amend the applicant's records to show he was wounded in December 1944 in the European Theater of Operations.

3.  The applicant's WD AGO Form 53-55 shows he was awarded the Combat Infantryman Badge during World War II.  Therefore, he is authorized award of the Bronze Star Medal (based on award of the Combat Infantryman Badge).



BOARD VOTE:

___X_____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  adding the Purple Heart and the Bronze Star Medal to his WD AGO Form 53-55; and

	b.  amending item 34 of his WD AGO Form 53-55 to show he was wounded in "December 1944, European Theater of Operations."




      _______ _   __XXX_____   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080018700





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ABCMR Record of Proceedings (cont)                                         AR20080018700



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