BOARD DATE:	  3 July 2012

		DOCKET NUMBER:  AR20120006206 


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 he sustained trench foot related injuries during the Battle of the Bulge, World War II.  He was later awarded service-connected disability compensation for residuals of trench foot.

3.  The applicant provides:

* WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge)
* 1956 Veterans Administration rating decision
* DA Form 1577 (Authorization for Issuance of Awards)
* Combat Medical Badge award notification

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 his 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's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 3 November 1943 and entered active duty in New York City, NY, on 24 November 1943.  This form also shows that at the time of separation he held military occupational specialty 657 (Medical Aid Man) and he was assigned to Headquarters Company, XVI Corps. 

4.  His WD AGO Form 53-55 shows he departed the continental United States (CONUS) on 16 June 1944 and arrived in the European African-Middle Eastern (EAME) Theater of Operations on 29 June 1944.  He departed the EAME on 18 July 1945 and arrived back in CONUS on 27 July 1945.

5.  He completed 6 months and 25 days of continental service and 1 year, 1 month, and 18 days of foreign service.  He was honorably separated on 30 July 1945.

6.  Item 31 (Military Qualifications and Date) of his WD AGO Form 53-55 shows the entry "None."

7.  Item 32 (Battles and Campaigns) of his WD AGO Form 53-55 shows during his service in World War II, he participated in the Ardennes, Central Europe, and Rhineland campaigns.

8.  Item 33 (Decorations and Citations) of his WD AGO Form 53-55 shows he was awarded the European-African-Middle Eastern Campaign Medal.

9.  Item 34 (Wounds Received in Action) of his WD AGO Form 53-55 contains the entry "None."

10.  His available medical records contain:

	a.  Abbreviated Clinical Records, dated between 8 January and 6 February 1945, describing the applicant's combat exhaustion, anxiety, and fainting spells.  He was exposed to cold weather for 1 week and his feet became numb but not swollen.  He had a deep blister on the tip of his third left toe in what appeared to be the presence of an adjacent nail.

	b.  Neuropsychiatric case report that shows he was admitted to the 101st Evacuation Hospital on 2 June 1945 presenting symptoms of syncope and vertigo.  He experienced dizziness and fainting spells occurring in combat. 

	c.  Psychiatric report, dated 28 May 1946, that shows he was seen at the 5th General Hospital for nervousness and exhaustion.  The report noted that he complained of pain in both feet from his trench feet.

11.  He underwent a separation physical in connection with his discharge from the Army.  His available records contain a WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty), dated 30 July 1945.  This separation medical examination contains the following entries: 

* Item 11 (List all significant diseases, wounds and injuries) - "Combat exhaustion" and "Trench foot"
* Item 22 (Feet) - "No abnormalities noted"

12.  On 1 October 1945, he was awarded the Combat Medical Badge for satisfactory performance of duty under actual combat conditions while assigned or attached to the 137th Infantry Regiment.

13.  On 11 July 1956, the VA awarded him service-connected disability compensation for residuals of trench foot, effective 18 April 1956.

14.  On 17 July 1986, he was awarded the Bronze Star Medal for meritorious achievement in ground combat against the armed enemy during World War II in the European theater of operations. 

15.  Army Regulation 600-8-22 (Military Awards) provides 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, and the medical treatment must have been made a matter of official record.

16.  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.

17.  Army Regulation 600-8-22 states the World War II Victory Medal is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

18.  Army Regulation 600-8-22 states that for award of the Army of Occupation Medal with Germany Clasp qualifying service must have occurred between         9 May 1945 and 5 May 1955.  .

19.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) lists unit citations, foreign unit awards, and occupation credit that units received during World War II.  This pamphlet shows the 137th Infantry Regiment received occupation credit for Germany from 15 May to 2 August 1945. 

20.  Army Regulation 600-8-22 authorizes award of a bronze service star, based on qualifying service, for each campaign listed in the member's separation document or Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Purple Heart: 

	a.  The criteria for an award of the Purple Heart requires the submission of substantiating evidence to verify that the injury/wound was the result of hostile action, the injury/wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record.

	b.  The available medical records show that the applicant was diagnosed with trench foot at the time in question by competent military medical authorities.  He sustained cold weather injuries to both feet diagnosed by military medical authorities as "trench foot."  He was diagnosed by medical authorities at the time of his separation and subsequently by VA medical authorities with residuals of "trench foot."  

	c.  The governing regulation, in effect at the time of the applicant’s separation, specifically states that trench foot will not be considered as meriting award of the Purple Heart.  The award regulation did authorize award of the Purple Heart for "severe frostbite while engaged in combat," but this is not the case here.  In the absence of a preponderance of evidence which shows that the applicant sustained "severe frostbite while engaged in combat," there is an insufficient basis for award of the Purple Heart in this case. 

2.  The evidence shows the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Army Review Boards Agency (ARBA) Case Management Division (CMD) as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

   a.  He was awarded the Combat Medical Badge and Bronze Star Medal neither of which is shown on his WD AGO Form 53-55; therefore, he is entitled to correction of this form to show both awards.
   
   b.  During World War II his unit received occupation credit for Germany while he was assigned to the unit; therefore, he is entitled to award of the Army of Occupation Medal with Germany Clasp and correction of his WD AGO Form 
53-55 to show the award.
   
   c.  He participated in three campaigns during his service in World War II.  Therefore, he is entitled to award of three bronze service stars to be worn on his European-African-Middle Eastern Campaign Medal.
   
   d.  He served a qualifying period for award of the World War II Victory Medal and 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 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 to show the Purple Heart.

2.  The Board determined that administrative errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA CMD administratively correct the WD AGO Form 53-55 of the individual concerned to add:

* Combat Medical Badge
* Bronze Star Medal
* Army of Occupation Medal with "Germany" Clasp
* World War II Victory Medal
* Three bronze service stars to be affixed to his already-awarded European-African-Middle Eastern Campaign Medal



      _______ _   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)                                         AR20120006206



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ABCMR Record of Proceedings (cont)                                         AR20120006206



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