PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 April 2000                  
	DOCKET NUMBER:   AR1999026593
				   AR1999030369

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Roger Able		Member	
	Ms. Margaret V. Thompson 		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, additional awards of the Purple Heart.  

3.  The applicant provided two applications.  In his first application dated 17 April 1999, he states that he was wounded on four occasions during World War II, that he never received the “Citation” for “Montelimar” and that he may be entitled to additional awards.  He also requests that his rank be corrected to show technical sergeant instead of staff sergeant.  In his second application dated 11 August 1999, he states in effect, that he was wounded on three separate occasions during World War II.  In support of his applications, he submits a letter of explanation dated 17 April 1999; a War Department letter dated 12 January 1946; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of his Army Service Forces Card which shows “Purple Heart & 3 clusters”; a letter from a fellow soldier dated 6 July 1945, a one page document which describes his military career and family structure; a letter from the Disabled American Veterans (DAV) in Indianapolis, Indiana, which indicates that the applicant’s service records show that he was wounded on three occasions during World War II; an Orthopedic and Peripheral Vascular examination dated 9 September 1959 which shows that the applicant reported that he sustained frostbite of the feet while engaged in action in February 1944 and was wounded in September 1944, November 1944 and in December 1944 when he was taken prisoner; and a VA Rating Decision dated 7 October 1959.    

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 that the applicant was inducted on 
17 March 1943.  He served as a platoon sergeant in the European-African-Middle Eastern Theater from 6 February 1944 through 28 May 1945 and was honorably discharged on 21 September 1945.  

5.  The applicant’s discharge document shows the Purple Heart (First Oak Leaf Cluster) for wounds sustained on 28 September 1944 and 5 November 1944.  There are no unit citations shown on his discharge document.  Item 3 (Grade) of the WD AGO Form 53-55 shows “SSGT” [staff sergeant].    

6.  There is no evidence in the available records which shows the applicant was injured or wounded on more than two occasions as a result of hostile action during World War II.  

7.  The applicant provided a VA Rating Decision, dated 7 October 1959, which indicates that his repatriation physical examination in May 1945 disclosed moderate frostbite of both feet.  

8.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) dated 6 July 1961, shows, among other information, unit awards authorized for units which served during World War II.  This document shows the unit to which the applicant was assigned, 15th Infantry Regiment, 3rd Infantry Division, received the Distinguished Unit Citation for actions during the period 22 January - 6 February 1945 by War Department General Order 44-45.

9.  Department of the Army Pamphlet 672-1 also shows the applicant’s unit was cited for the French Fourragere for actions during the period 15 August 1944 -
6 February 1945 by Department of the Army General Orders 43, dated 1950.

10.  The applicant provided a copy of a War Department letter from the Adjutant General’s Office, dated 12 January 1946, which indicates that the applicant was appointed a technical sergeant effective 11 September 1945.  

11.  The Prisoner of War Branch of the Total Army Personnel Command revealed the applicant was listed as a prisoner of war during World War II.

12.  The applicant’s discharge document shows he was awarded the Combat Infantryman Badge.

13.  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 bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

14.  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 face 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.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Prisoner of War Medal (POW).  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.

16.  Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy.  The Bronze Star Medal is 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 is considered to be a citation in orders.  This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

CONCLUSIONS:

1.  The applicant’s discharge document shows he was awarded the Purple Heart (First Oak Leaf Cluster) for wounds sustained on 28 September 1944 and
5 November 1944.

2.  The Board noted the applicant’s contention that he was wounded on more than two occasions during World War II.  The Board also noted the documentation provided with his applications to support his claims. 

3.  However, the Board determined that the VA documentation which states that the applicant’s repatriation physical examination in May 1945 revealed moderate frostbite of both feet is sufficient for an additional award of the Purple Heart.  Therefore, the applicant is entitled to correction of his military records to show three awards of the Purple Heart.  

4.  The applicant’s unit received the Distinguished Unit Citation and the French Fourragere while he was assigned to it; therefore, he is entitled to correction of his military records to show these awards.

5.  Evidence of record shows the applicant was appointed a technical sergeant effective 11 September 1945.  Therefore, item 3 (Grade) of his discharge document should be corrected to show technical sergeant instead of staff sergeant.

6.  The applicant was a prisoner of war during World War II; therefore, he is entitled to correction of his military records to show award of the Prisoner of War Medal.

7.  The applicant is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  Therefore, he is entitled to correction of his military records to show this award.

8.  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:

	a.  by showing that the individual concerned was awarded the Purple Heart (Second Oak Leaf Cluster), the Distinguished Unit Citation, the French Fourragere, the Prisoner of War Medal and the Bronze Star Medal (based on award of the Combat Infantryman Badge); and  

b.  by deleting the entry “SSGT” in item 3 (Grade) of the WD AGO Form 53-55 of the individual concerned; and 

	c. by adding the entry ”TSGT” in item 3 (Grade) of his WD AGO Form 
53-55. 

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

BOARD VOTE:  

WTM____  RA_____  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Walter T. Morrison_______
		        CHAIRPERSON

INDEX

CASE ID	AR1999026593
AR1999030369	
SUFFIX		
RECON		
DATE BOARDED	20000420	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19450921	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR 1-1 Demobilization	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0031	
3.	107.0096	
4.	107.0029	
5.	107.0014	
6.