PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:            1 September 1999                  
	DOCKET NUMBER:    AR1999017488

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Kenneth L. Wright		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 award of the Purple Heart.

3.  The applicant states that he should have been given the Purple Heart for Prisoner of War (POW) disabilities incurred during his POW encampment in Europe from December 1944 to April 1945.

4.  The applicant’s military records show that he was inducted on 17 December 1943, served in the European Theater of Operations from 29 October 1944 through 10 May 1945 and was a prisoner of the Germans from 16 December 1944 until 17 April 1945.  He was separated with an honorable discharge on 
29 November 1945.  He enlisted in the Regular Army on 27 June 1946 and was separated with an honorable discharge on 23 November 1947.  He reenlisted on 3 December 1947 and remained on active duty until he was honorably discharged on 9 February 1952.  He was commissioned a second lieutenant on 10 February 1952 and served on active duty until he was retired in the rank of major on 31 August 1964.     

5.  The applicant’s discharge documents, which were authenticated in his own hand, do not show the Purple Heart as an authorized award.  

6.  Item 11 (List all significant diseases, wounds, and injuries) of the applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 28 November 1945, shows “Trench Feet PW Camp in Germany 1944 Dec”.

7.  There is no evidence in the applicant’s records that show he was injured or wounded as a result of hostile action or that he was wounded while being taken captive or while held a POW.     

8.  DA Form 1577 (Authorization for Issuance of Awards), dated 8 February 1988, shows that the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army Commendation Medal with one Oak Leaf Cluster, the Good Conduct Medal with two loops, the American Campaign Medal, the National Defense Service Medal with one bronze service star, the Korean Service Medal with two bronze service stars, the Marksman Badge with Carbine Bar, the Sharpshooter Badge with Rifle Bar and the Expert Badge with Pistol and Automatic Rifle Bars.  These awards are not shown on the applicant’s discharge documents.

9.  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.  These injuries were considered to be the result of war crimes and not the result of a legal action of war.  War Department policy, at that time, 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 that 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 or war, or while being taken captive, in the same manner as a former prisoner of war who was wounded on or after that date.

10.  While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 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 fact 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.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the POW Medal.  The regulation states that 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.

CONCLUSIONS:

1.  There is no evidence available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action during World War II or while being taken captive or held as a POW.

2.  Medical evidence of record shows the applicant was diagnosed with “trench feet” on 28 November 1945.  The governing regulation, in effect at the time of applicant’s separation, specifically states that trench foot will not be considered as meriting award of the Purple Heart.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart.

3.  Evidence of record shows the applicant was a POW from 16 December 
1944 to 17 April 1945; therefore, he is entitled to correction of his military records to show award of the POW Medal.

4.  The applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army Commendation Medal with one Oak Leaf Cluster, the Good Conduct Medal with two loops, the American Campaign Medal, the National Defense Service Medal with one bronze service star, the Korean Service Medal with two bronze service stars, the Marksman Badge with Carbine Bar, the Sharpshooter Badge with Rifle Bar and the Expert Badge with Pistol and Automatic Rifle Bars.  Therefore, he is entitled to correction of his military records to show this award.

5.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Prisoner of War Medal, the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Army Commendation Medal with one Oak Leaf Cluster, the Good Conduct Medal with two loops, the American Campaign Medal, the National Defense Service Medal with one bronze service star, the Korean Service Medal with two bronze service stars, the Marksman Badge with Carbine Bar, the Sharpshooter Badge with Rifle Bar and the Expert Badge with Pistol and Automatic Rifle Bars.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

_SK____  JEA_____  KLW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Stanley Kelley________
		        CHAIRPERSON

INDEX

CASE ID	AR1999017488	
SUFFIX		
RECON		
DATE BOARDED	19990901	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19640831	
DISCHARGE AUTHORITY	Title 10 USC Section 3911 & 3963 	
DISCHARGE REASON	Retired after more than 20 years active Federal service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.