IN THE CASE OF:	  

		BOARD DATE:	  2 November 2010

		DOCKET NUMBER:  AR20100012979 


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 award of the Purple Heart.

2.  He states the following:

* he sustained frostbite to his feet on 15 December 1944
* he volunteered to fight on since the casualty rate was very high and many Soldiers were medically evacuated
* he was evacuated in February 1945

3.  The applicant provides a self-authored statement and two WD AGO 
Forms 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) 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 on 18 December 1943 and entered active duty on 8 January 1944.

4.  The applicant was honorably discharged on 12 November 1945 for the purpose of immediate enlistment in the Regular Army.  His WD AGO Form 53-55 for the period ending 12 November 1945 does not show entitlement to the Purple Heart.  Item 34 (Wounds Received in Action) of this form contains the entry "None."  This form also shows he arrived in England on 10 October 1944 and further shows he participated in the following battles and campaigns:  Ardennes, Rhineland, and Central Europe.

5.  The applicant enlisted in the Regular Army on 13 November 1945 while serving in Europe.  He departed Europe on 19 November 1945 and arrived in the United States on 29 November 1945.  On 22 March 1946, he departed the United States and arrived in the European theater of operations on 1 April 1946.  On 16 March 1947, he departed the European theater of operations and arrived in the United States on 28 March 1947.

6.  On 5 May 1947, he was honorably discharged.  His WD AGO Form 53-55 for the period ending 5 May 1947 does not show entitlement to the Purple Heart.  Item 34 of this form contains the entry "None."  This form shows he did not participate in any battles or campaigns during this period of active duty service.

7.  There are no medical records available and he has not provided any evidence showing his feet were frostbitten while serving in combat.

8.  The applicant provided a self-authored statement in which he stated the following:

* his company went on the offensive in the Ardennes on 14 December 1944
* he did not have the appropriate winter clothing
* the ground was rocky and cold
* many of the Soldiers were evacuated with frozen feet
* he and his buddy volunteered to stay and fight
* he was evacuated in February 1945

9.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded to any member of an Armed Force who was 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.

10.  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 (Awards), 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 was authorized.  The regulation also specifically stated that trench foot would not be considered as meriting award of the Purple Heart.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in his available records and the applicant has not provided any evidence showing he sustained severe frostbite during combat operations in December 1944.

2.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart or to have the Purple Heart added to his DD Form 214.

3.  This action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ____X___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________X______________
                 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)                                         AR20100012979



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ABCMR Record of Proceedings (cont)                                         AR20100012979



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