BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110024803 


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 and, in effect, the Prisoner of War (POW) Medal.

2.  The applicant states:

* He was a POW and suffered frostbite as well as pneumonia
* He also received a shrapnel wound to his right hand

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* Postcard from Stalag XIIA
* POW identification tag     

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.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9 June 1943 and he entered active duty on 25 June 1943.  He served in the European Theater of Operations and was honorably discharged on 
20 September 1945.   

4.  His WD AGO Form 53-55:

* shows the European-African-Middle Eastern (EAME) Campaign Medal as an authorized award
* shows he participated in two battles and campaigns (Northern France and Rhineland)
* does not show the Purple Heart as an authorized award
* shows in item 34 (Wounds Received in Action) the entry "None"
* he served 1 year, 5 months and 9 days of continental service  

5.  There are no orders for the Purple Heart in the available records.    

6.  There is no evidence of record which shows the applicant was diagnosed with severe frostbite.

7.  His pay records show he received combat infantry pay during the period 
30 April 1945 to 20 September 1945.

8.  The World War II Prisoners of War Data File shows the applicant was a POW in Germany. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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 medical personnel, and the medical treatment must have been made a matter of official record.  

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, 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.

11.  During World War II and the Korean War the Purple Heart was not awarded to Soldiers who had been injured while in captivity or while being taken captive.  Those injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy required that wounds must have been received in action against the enemy or, in other words, incurred in actual combat.  Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded Soldiers even in the absence of a formal declaration of war.  The issue as to whether this change in policy would be implemented retroactively to prisoners of war from World War I, World War II, and the Korean War was considered several times.  Initially it was decided that the change in policy would not be retroactively implemented.  It was concluded it would be inappropriate for the Department of Defense to retroactively change the standards and, in effect, countermand the decisions of the past leadership.  However, as part of the National Defense Authorization Act (NDAA) of 1996, Congress authorized award of the Purple Heart to any former prisoner of war who was wounded before 25 April 1962 while held as a prisoner of war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

12.  War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  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 and holders of the Expert Infantryman Badge were entitled to expert infantry pay.  Soldiers had economic as well as intangible reasons to ensure that their records were correct; therefore, pay records are frequently the best available source to verify entitlement to this award.  

13.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided in pertinent part, that 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.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

14.  Army Regulation 600-8-22 states the POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive after 5 April 1917.  The POW Medal is to be issued only to those U.S. military personnel and other personnel granted creditable U.S. military service who were taken prisoner and held captive:

* while engaged in an action against an enemy of the United States
* while engaged in military operations involving conflict with an opposing foreign force
* while serving with friendly forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party
* by foreign armed forces that are hostile to the United States, under circumstances which the Secretary concerned finds to have been comparable to those under which persons have generally been held captive by enemy armed forces during periods of armed conflict

15.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 of the WD AGO Form 53-55.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

17.  Army Regulation 600-8-22 states the American 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, or 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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends he suffered frostbite injuries during World War II, there is no medical evidence of record which shows he was diagnosed with "severe" frostbite as required by the governing regulation at the time in question.  

2.  He also contends he suffered pneumonia and he received a shrapnel wound to his right hand.  

3.  Army Regulation 600-8-22 establishes basic requirements for the Purple Heart and all other awards.  The Purple Heart requires:

* the wound was the result of hostile action
* treatment of the wound by medical personnel
* documentation of the wound in official records
* official orders awarding the decoration

4.  There is no evidence in the available record that shows the applicant was wounded as a result of hostile action during World War II.  Regrettably, there is an insufficient evidentiary basis for awarding him the Purple Heart in this case.

5.  Evidence shows he received infantry pay during World War II.  Therefore, he is entitled to award of the Combat Infantryman Badge.

6.  Based on his Combat Infantryman Badge, he is entitled to award of the Bronze Star Medal.  His WD AGO Form 53-55 should be corrected to show this medal.  

7.  His WD AGO Form 53-55 shows the EAME Campaign Medal as an authorized award.  However, he participated in two battles and campaigns during World War II which makes him eligible for two bronze service stars for wear on his already-awarded EAME Campaign Medal.  Therefore, his WD AGO Form 53-55 should be corrected to show the EAME Campaign Medal with two bronze service stars.

8.  He served a period of qualifying service for award of the World War II Victory Medal.  Therefore, this medal should be added to his WD AGO Form 53-55.

9.  Since the applicant was a POW during World War II, he is entitled to award of the POW Medal.  His WD AGO Form 53-55 should be corrected to show this medal.  

10.  He served a period of qualifying service for award of the American Campaign Medal based on active duty service within the continental United States for an aggregate period of 1 year between 9 June 1943 and
20 September 1945.  Therefore, his WD AGO Form 53-55 should be corrected to show this medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X__  ___X_____  __X______  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 all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Combat Infantryman Badge effective 30 April 1945;

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

	c.  adding the Combat Infantryman Badge, Bronze Star Medal, World War II Victory Medal, American Campaign Medal, POW Medal and two bronze service stars for wear on his already-awarded EAME Campaign Medal to his WD AGO Form 53-55.


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.  



      _______ _ 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)                                         AR20110024803





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ABCMR Record of Proceedings (cont)                                         AR20110024803



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