PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:             26 August 1999   
	DOCKET NUMBER:    AR1999022870

	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:

	Ms. Shirley L. Powell 		Chairperson	
	Mr. Samuel Calderon		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 award of the Purple Heart.

3.  The applicant states, in effect, that his medical records prove he is entitled to the Purple Heart.  He contends that according to Army Regulation and Department of Army Policy, “frozen feet and trench feet” conditions allow for authorization of the Purple Heart.  In support of his application, he submits VA Form 21-4138 (Statement in Support of Claim) and 35 medical records from the VA.      

4.  The applicant’s military personnel 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 from the Department of Veterans Affairs.  These records show that the applicant was inducted on 18 April 1944.  He served as an ammunition bearer light mortar in the European Theater of Operations from 4 December 1944 through 9 May 1945 and was honorably discharged by reason of physical disability (trench foot, bilateral) on
7 September 1945.

5.  The applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation), which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the
WD AGO Form 53-55 states “None”. 

6.  There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

7.  Medical evidence of record shows the applicant was diagnosed with trench foot, bilateral, moderate, on 14 February 1945.
    
8.  DA Form 1577 (Authorization for Issuance of Awards), dated 5 February 1996, 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 Good Conduct Medal, the Presidential Unit Emblem, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Combat Infantryman Badge and the Honorable Service Lapel Button WWII.  These awards are also not shown on the applicant’s WD AGO Form 53-55.  

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, 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.  The regulation also states that frostbite and trench foot injuries are examples of injuries or wounds which clearly do not qualify for award of the Purple Heart.
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.

CONCLUSIONS:

1.  There is no evidence of record 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.

2.  Medical evidence of record shows the applicant was diagnosed with trench foot, bilateral, moderate, on 14 February 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.  The applicant was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), the Good Conduct Medal, the Presidential Unit Emblem, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Combat Infantryman Badge and the Honorable Service Lapel Button WWII.  Therefore, he is entitled to correction of his military records to show these awards. 

4.  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 Bronze Star Medal (based on award of the Combat Infantryman Badge), the Good Conduct Medal, the Presidential Unit Emblem, the European-African-Middle Eastern Campaign Medal with one bronze service star, the World War II Victory Medal, the Combat Infantryman Badge and the Honorable Service Lapel Button WWII.   

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

BOARD VOTE:  

SLP____  SC______  BJE_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Shirley L. Powell_____
		        CHAIRPERSON

INDEX

CASE ID	AR1999022870	
SUFFIX		
RECON		
DATE BOARDED	19990826	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450907	
DISCHARGE AUTHORITY	AR 615-361 Section 1  	
DISCHARGE REASON	Reason of physical disability (trench foot)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.