IN THE CASE OF:	  

		BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140016914 


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, the sister of a deceased former service member (FSM), requests correction of her late brother's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show award of the Purple Heart, American Campaign Medal, and Army of Occupation Medal with Germany Clasp.

2.  The applicant states:

	a.  She is the only surviving family member.  The FSM had no children and his wife is deceased.

	b.  The FSM spent over 80 days in a hospital for frostbite to his lower legs and feet during the Battle of the Bulge.  While in the hospital he was read the citation for the Purple Heart, but he was not awarded the medal because they ran out of them.  Frostbite during combat is classified as a wound.

	c.  He should be awarded the American Campaign Medal per Executive Order 9265 which states a Soldier is eligible for the medal for serving 1 year of duty within the continental borders of the United States from 7 December 1941 to 2 March 1946.  He served 333 days in the United States before embarking to the European theater of operations.

	d.  After the war, the FSM remained in Europe, so he may be entitled to the Army of Occupation Medal with Germany Clasp.

3.  The applicant provides:

* two photographs of the FSM
* Family Bible Record
* FSM's brother's obituary
* her birth certificate

CONSIDERATION OF EVIDENCE:

1.  The FSM's complete 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 FSM'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.

2.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 17 December 1943 and he entered active duty on 7 January 1944.  He served in the European theater of operations from 1 November 1944 through 26 February 1946.  He was honorably discharged on 13 March 1946.

3.  His WD AGO Form 53-55 shows his organization as Company B, 290th Infantry Regiment.  He was awarded or authorized the:

* World War II Victory Medal
* Army Good Conduct Medal
* European-African-Middle Eastern Campaign Medal with three bronze service stars
* Silver Star
* Combat Infantryman Badge

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

5.  Item 37 (Total Length of Service) of his WD AGO Form 53-55 shows he completed 9 months and 22 days of continental service.

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

7.  There is no evidence in the available records that shows the FSM was wounded as a result of hostile action during World War II.

8.  There is no medical evidence which shows the FSM was diagnosed with severe frostbite.

9.  The Office of the Surgeon General Hospital Admission Cards show he was hospitalized in the European theater of operations on:

* 20 January 1945 for a non-battle injury, trench foot
* 5 December 1945 for a tooth extraction

10.  Army Regulation 600-45 (Decorations), effective 13 October 1949, provided that the Bronze Star Medal was 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 was considered to be a citation in orders for award of the Bronze Star Medal.  Therefore, the Bronze Star Medal was awarded to individuals who were authorized either badge for service during World War II.

11.  Army Regulation 600-45, which governed 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.

12.  Army Regulation 600-8-22 (Military Awards) states the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify 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.  While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.

13.  An Army historical document discussing the award of the Purple Heart for frostbite injuries makes clear numerous specific points including the following:  The term "element" (included from the beginning) meant weather.  The governing regulation and policy were not always the same.  Both policy and enforcement varied from time to time and place to place and were not consistently applied even in adjacent major European commands.  The regulation normally authorized the Purple Heart for frostbite while in combat and sometimes excluded the award for trench foot while in combat.  The Medical Department resisted administering a policy they could not control because initial diagnosis was very difficult yet the symptomatic development of individual conditions invited re-diagnosis; because the ultimate degree of permanent disability had virtually nothing to do with the initial cause; because training and enforcement of prevention rested with line commanders; and finally, because initial diagnosis, while extremely difficult, was almost always made by medical personnel who were intimately familiar with both the weather and the tactical situation, but rear echelon doctors tended to change the diagnoses for whatever reasons met their needs.

14.  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 1 year.

15.  Army Regulation 600-8-22 provides that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty in a qualifying location.  For award of the Army of Occupation Medal with Germany Clasp, qualifying service must have occurred between 9 May 1945 and 5 May 1955 and the European-African-Middle Eastern Campaign Medal must have been awarded prior to 9 May 1945.

16.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows awards and citations authorized for units that served during World War II.  This pamphlet shows the 290th Infantry Regiment was awarded occupation credit for Germany for the period 20 May to 4 July 1945.

DISCUSSION AND CONCLUSIONS:

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

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

2.  Although the applicant contends the FSM was hospitalized for frostbite, the Office of the Surgeon General Hospital Admission Cards show the FSM was hospitalized for trench foot 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.

3.  There is also no evidence in the available records and the applicant provided no evidence showing he was wounded as a result of hostile action during World War II.  Regrettably, there is insufficient evidence on which to base award of the Purple Heart in this case.

4.  His WD AGO Form 53-55 shows he completed 9 months and 22 days of service within the continental United States.  Since he did not serve an aggregate period of 1 year within the continental United States for award of the American Campaign Medal, there is no basis for adding this medal to his WD AGO 
Form 53-55.
 
5.  The FSM's unit was awarded occupation credit for Germany during his period of service in the European theater of operations.  Therefore, he is authorized award of the Army of Occupation Medal with Germany Clasp and his WD AGO Form 53-55 should be corrected to show this award.

6.  Based on award of the Combat Infantryman Badge, the FSM is authorized award of the Bronze Star Medal.  Therefore, he should be awarded the Bronze Star Medal and his WD AGO Form 53-55 should be corrected to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 the FSM the Bronze Star Medal based on award of the Combat Infantryman Badge;

	b.  adding award of the Bronze Star Medal and Army of Occupation Medal with Germany Clasp to the FSM's WD AGO Form 53-55; and

	c.  issuing the medals to the applicant.

2.  The Board further determined 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 adding award of the Purple Heart and American Campaign Medal to his WD AGO Form 53-55.



      ____________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)                                         AR20140016914



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ABCMR Record of Proceedings (cont)                                         AR20140016914



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