PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                 2 September 1999
	DOCKET NUMBER:        AR1999020502

	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. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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, in effect, that his WD AGO 53-55 (Enlisted Record and Report of Separation) be corrected to show that he was awarded the 
Purple Heart.

3.  The applicant states, in effect, that he was wounded on his right leg, above the knee, right arm above the elbow and on the right side of his face by shell fragments during the Battle of the Bulge in Belgium during World War II in 1945.  He also states that shell fragments still remain in his right leg, which were verified by x-rays at the VA Medical Center in Poplar Bluff, Missouri and Fort Roots, Arkansas.  In support of his application he a copy of his WD AGO 53-55, copy of his Board of Veterans Appeal (BVA) Decision and several character references.  

4.  The applicant’s military records were destroyed or lost during the National 
Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he was inducted on 9 January 1943 as a laundry machine operator.  He served in the European-African-Middle Eastern of Operations and was honorably discharged on 22 October 1945.

5.  The applicant’s WD AGO Form 53-55 shows the applicant was awarded the Good Conduct Medal and the European-African-Middle Eastern Theater Ribbon with four bronze service stars.

6.  The applicant’s WD AGO 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the applicant’s 
WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “NONE”.

7.  There is no record that the applicant was awarded the Purple Heart.  There also is no indication in the available records to show that he was wounded as a result of hostile action.

8.  A copy of his BVA Decision, dated 13 April 1992, shows that he was granted service connection for residuals of frostbite of the feet and residuals of shell fragment wounds to the right face, right arm and right leg.  Each disability was granted an evaluation of 10 percent effective 15 November 1989.

9.  The applicant submitted several character references from former service members which stated that the applicant’s feet were frostbitten in the Battle of the Bulge in Belgium in 1945 and was hospitalized and treated for frozen feet.

10.  The Board notes that he is entitled to the World War II Victory Medal and the Army of Occupation Medal with Germany Clasp, which are not shown on his discharge document.

11.  Department of the Army Pamphlet 672-1, Unit Citation and Campaign
Participation Register, dated 6 July 1961, shows the applicant’s unit 
(265th Field Artillery Battalion) received occupation credit for qualifying service in Germany from 2 May 1945 to 14 August 1945.

12.  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.

13.  Army Regulation 600-8-22 provides, in pertinent part, for award of the World War II Victory Medal.  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  The Board noted the BVA Rating Decision for residuals of frostbite to the feet and the character reference submitted by the applicant by former service member which stated that he was hospitalized for frozen feet only.  The Board also noted that the applicant has received 10% percent disability for frostbite.  Therefore, he is entitled to the Purple Heart for being frostbitten while actually engaged in combat.

2.  The Board further notes that the BVA Rating Decision granted the applicant 10 percent disability for residuals of fragment wound to the right face, right arm and right leg and was granted 10 percent disability.  However, his WD AGO 
Form 53-55 shows the entry “NONE” and that there is no evidence and the applicant has submitted no evidence to show that his wound as a result of hostile action.  Therefore, the Board determined that the applicant is not entitled to award of the Purple Heart for residuals of shell fragment wound to the right fact, right arm and right leg.

3.  Evidence of record shows that the applicant was eligible for award of the World War II Victory Medal; therefore, he is entitled to correction of his records to show this award.

4.  The applicant was awarded the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his records to show this award.

5.  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 by showing in item 33 (Decorations and Citations) of his WD AGO 53-55 that he was awarded the Purple Heart, World War II Victory Medal and the Army of Occupation Medal with Germany Clasp.

BOARD VOTE:  

MKP____  TNK____  JMA_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Margaret K. Patterson_
		        CHAIRPERSON

INDEX

CASE ID	AR1999020502	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990902	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19451022	
DISCHARGE AUTHORITY	AR 600-8-22. . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 61		
2.  		
3.  		
4.		
5.		
6.