PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 May 1999                  
	DOCKET NUMBER:   AR1999015407

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be awarded a Purple Heart.

3.  The applicant states that his feet were frozen while in trenches in the 
St. Nasaire-Lorien pocket, France, during World War II.  He receives 10% disability from the Department of Veteran Affairs for this injury.

4.  The applicant’s military records show that he was inducted in the Regular Army on 24 March 1943.  After training and assignment in the United States, he was transferred on 15 November 1944 to the European Theater of Operations arriving on 26 November 1944.  He was assigned as an automatic rifleman, MOS 346, to Company B, 263rd Infantry Regiment, 66th Infantry Division.  He fought in the Northern France Campaign and was awarded the Combat Infantryman Badge (CIB) in February 1945.  His medical records show that he was treated for frozen feet in February 1945 and retained at the medical clearing station for 
3 weeks for medical treatment.  He was shipped back to the United States on 26 March 1946, arriving on 3 April 1946.  He was honorably discharged as a Private First Class on 8 April 1946 by reason of demobilization.  He was awarded the CIB, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, and a Good Conduct Medal.  On 23 May 1969, he was awarded the Bronze Star Medal in connection with his CIB from WWII.

5.  According to Army Regulation 600-45, Decorations, 2 May 1945, a Purple Heart is awarded to soldiers who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided the wound necessitates treatment by a medical officer.  For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outsides force, "element", or injury sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.  The word "element" refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  This authorization remained in effect until 23 August 1951 after which wound by frostbite was not authorized for award of the Purple Heart.

CONCLUSIONS:

1.  The applicant was wounded by frozen feet, a cold injury more severe than frostbite, on or before February 1945 in France while facing the enemy in trench combat.  As such, the applicant should be awarded the Purple Heart according to AR 600-45.

2.  The Bronze Star Medal awarded to the applicant on 23 May 1969 in connection with his CIB, is not recorded on his report of separation, and should be recorded on his report of separation.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by:

	a.  awarding the Purple Heart, providing the medal, and showing award of the medal on his report of separation; and

	b.  showing on his report of separation award of the Bronze Star Medal.

BOARD VOTE:  

_mdm___  _aao____  _bje_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Mark D. Manning_______
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.