IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100029286 


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 reconsideration of his request for award of the Purple Heart.

2.  He states that the documents he attached show he was diagnosed with a frostbite injury.

3.  He provides his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and medical documents.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100012979 on 2 November 2010.

2.  The applicant submitted medical documents which were not previously reviewed by the ABCMR.  Therefore, these documents warrant consideration by the Board.

3.  His original request did not contain any medical documents showing he sustained frostbite injuries.  However, the documents he now provides show that on 19 February 1945 the applicant was admitted to the 97th Evacuation Hospital 

in Belgium.  He was diagnosed with "B.C. frost-bite, feet, bi-lateral, mod SV.  Incurred in Germany 19 Feb 45," indicating he was diagnosed with moderate to severe frostbite to both feet incurred in Germany on 19 February 1945.  His injury was determined to be in the line of duty.  He was returned to duty on 25 March 1945.

4.  He was inducted into the Army on 18 December 1943 and entered active duty on 8 January 1944.  He was honorably discharged on 12 November 1945 in the rank/grade of private first class (PFC)/E-3 to enlist in the Regular Army.  His WD AGO Form 53-55 for this period of service shows in:

* item 32 (Battle and Campaigns) he participated in the Ardennes - Alsace, Central Europe, and Rhineland campaigns
* item 33 (Decorations and Citations) shows the:

* Combat Infantryman Badge
* European-African-Middle Eastern Campaign Medal

5.  He enlisted in the Regular Army on 13 November 1945. He was honorably discharged on 5 May 1947 in the rank/grade of corporal (Tech 5th Grade).
Item 33 of his WD AGO Form 53-55 for this period of service shows the Army of Occupation Medal and the Word War II Victory Medal.

6.  The available evidence contains no indication the applicant committed any infractions which would have disqualified him from receiving the first award of the Army Good Conduct Medal or that he was ever disqualified for the award by any of his active duty unit commanders.  Additionally, item 55 (Remarks) of both of his WD AGO Forms 53-55 contains an entry confirming he had no time lost during either periods of service and he was recommended for further military training.

7.  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” was 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” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

8.  Army Regulation 600-8-22 (Military Awards) states the European-African-Middle Eastern Campaign Medal is awarded for service within the European African-Middle Eastern Theater between 7 December 1941 and 8 November 

1945.  This medal is awarded to any service member who was permanently assigned in the theater, who was in a passenger status or on temporary duty for 30 consecutive days or 60 nonconsecutive days, or who was in active combat against the enemy and was awarded a combat decoration, or who was furnished a certificate by the commanding general of a corps or higher unit or independent force showing that he actually participated in combat.  One bronze service star is authorized for each campaign participation.

9.  Army Regulation 600-8-22 states 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.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214 (Certificate of Release or Discharge from Active Duty).  It states that awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22 will be entered on the DD Form 214.  Each entry will be verified by the Soldier’s records.

11.  Army Regulation 600-68 (Good Conduct Medal), in effect at the time, stated the Army Good Conduct Medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940 and, after 7 December 1941, completed 1 year of continuous active Federal military service while the United States was at war.  The award would not be made to an enlisted man whose records, during the required period of service, disclosed a conviction by any court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The medical documents verifying the applicant's moderate to severe frostbite injuries to his feet are accepted as sufficient evidence to award him the Purple Heart.  Therefore, it would be appropriate at this time to award him the Purple Heart for wounds sustained on 19 February 1945 and to correct his WD AGO Form 53-55 to show this award.
2.  Based on his award of the Combat Infantryman Badge he is entitled to the Bronze Star Medal.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show this award.

3.  The applicant participated in three campaign phases during his service in European-African-Middle Eastern Theater of Operations.  Therefore, he is entitled to three bronze service stars for wear on his already-awarded European-African-Middle Eastern Campaign Medal and correction of his WD AGO Form 53-55 to show these bronze service stars.

4.  The evidence of record shows the applicant completed two periods of active duty service for which he was honorably discharged.  During his service he was promoted to corporal and he had no time lost.  He was also recommended for further military training.  It appears he was not awarded the Army Good Conduct Medal due to an administrative oversight.  Therefore, in the interest of equity, it would be appropriate to award him the first award of the Army Good Conduct Medal for the period 8 January 1944 to 7 January 1947 and correction of his WD AGO Form 53-55 to show this award.

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 amendment of the ABCMR’s decision in Docket Number AR 20100012979, dated 2 November 2010.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Purple Heart for wounds sustained on 19 February 1945, 

	b.  awarding him the Army Good Conduct Medal for the period 8 January 1944 to 7 January 1947; and

	c.  adding to item 33 of his WD AGO Form 53-55 for the period ending 5 May 1947 the:
* Army Good Conduct Medal
* Bronze Star Medal
* Purple Heart
* European-African-Middle Eastern Campaign Medal with three bronze service stars



      ____________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)                                         AR20100029286



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100029286



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1