IN THE CASE OF:	  

		BOARD DATE:  23 August 2012

		DOCKET NUMBER:  AR20120004967 


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.  The applicant states that he was not awarded the Purple Heart for frozen feet received during the Battle of the Bulge.

3.  The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and WD AGO Form 100 (Army Separation Qualification Record).

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 and documentation provided by the applicant for the Board to conduct a fair and impartial review of this case.

3.  The available military records show he was inducted into the Army of the United States and entered active duty on 1 May 1944.  He completed training in military occupational specialty 745 (Rifleman).  He served overseas in the European Theater of Operations (ETO) from 26 November 1944 to 18 March 1945 with the 330th Infantry Regiment.

4.  He was honorably discharged from active duty on 25 September 1945, with a certificate of disability.  

5.  Item 31 (Military Qualification and Date) of his WD AGO Form 53-55 lists the Marksman Marksmanship Qualification Badge with Rifle Bar (M-1).  Item 33 (Decorations and Citations) lists the:

* European-African-Middle Eastern Theater Ribbon with one bronze service star
* Combat Infantryman Badge
* Good Conduct Medal

6.  Item 34 (Wounds Received in Action) of the form shows the entry “None” to indicate he was not wounded while he served in the ETO.

7.  There are no orders in his available records that show he was awarded the Purple Heart.  There is also no evidence in the available records to show that he was wounded or treated for frostbite or frozen feet as a result of hostile action.

8.  His WD AGO Form 100 does not show he was diagnosed and treated for frostbite or frozen feet while serving in the ETO.

9.  His available record contains a DA Form 1577 (Authorization for Issuance of Awards), dated 8 August 2000, showing he was authorized the following and the awards and decorations would be forwarded to him:

* Bronze Star Medal
* Good Conduct Medal
* American Campaign Medal
* European-African-Middle Eastern Theater Ribbon with one bronze service star
* World War II Victory Medal
* Combat Infantry Badge
* Honorable Service Lapel Button – World War II
* Marksmanship Qualification Badge with Rifle Bar

10.  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. The regulation continued, "In connection with the definition of 'wound' above, the word 'element' refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  Trench foot will not be considered as meriting award."  

11.  Army Regulation 600-8-22 (Military Awards) currently prohibits award of the Purple Heart for frostbite injuries.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not show the applicant sustained frostbite to the feet or any other medically-related issues while engaged in combat against the enemy.  He provided no evidence to show he was hospitalized to receive medical treatment for frostbite or frozen feet during World War II.  Regulatory guidance in effect at the time provided for award of the Purple Heart to personnel severely frostbitten while actually engaged in combat.  The evidence does not support his request for his entitlement for award of the Purple Heart.

2.  Based on the evidence in this case, he is not entitled to award of the Purple Heart and its addition to his records and separation document.

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)                                         AR20120004967



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120004967


4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1