PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            15 March 2000                  
	DOCKET NUMBER:   AR1999029095

	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. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Van B. Cunningham		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 correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart and the Prisoner of War (POW) Medal.

3.  The applicant states that his discharge document does not reflect that he was a POW or that he was wounded.  He contends that he was awarded the Purple Heart but it is not shown on his discharge document.  In support of his application, he submits a copy of his Honorable Discharge Certificate, WD AGO Form 100 (Separation Qualification Record) and three Western Union telegrams.   
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
4 April 1944.  He served as a duty soldier in the European Theater of Operations from November 1944 to May 1945 and was honorably discharged on
26 November 1945.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart or the POW Medal as authorized awards.

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.  Item 
34 (Wounds Received in Action) of the applicant’s WD AGO Form 53-55 states “None”.

7.  The applicant’s records contain VA documentation, dated 22 January 1947, which shows the VA awarded service connected compensation for a gunshot wound (left hand and wrist) and residuals of frozen feet.  There is no evidence that these injuries were the result of hostile action.  

8.  DA Form 1577 (Authorization for Issuance of Awards), dated 1 February 1991, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined the applicant was entitled to the POW Medal.

9.  The applicant provided three Western Union telegrams which show the applicant was reported missing in action on 22 December 1944, reported a POW of the German Government and was returned to military control on 18 April 1945.

10.  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.

11.  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.

12.  Army Regulation 600-8-22 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.  The Board noted the applicant’s contention that he was wounded during World War II and awarded the Purple Heart.  However, 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 or that he was awarded the Purple Heart.

2.  However, the Board finds the VA documentation which grants service connected compensation for residuals of frozen feet sufficient as a basis for award of the Purple Heart.  Therefore, the applicant is entitled to correction of his military records to show award of the Purple Heart for wounds (residuals of frozen feet) sustained during World War II.   

3.  Evidence of record shows the applicant was a POW during World War II.  Evidence of record also shows the POW Medal was issued to the applicant in 1991.  Therefore, he is entitled to correction of his military records to show award of the POW Medal.

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:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart and the Prisoner of War Medal.

BOARD VOTE:  

RVO__  MKP_____  VBC_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999029095	
SUFFIX		
RECON		
DATE BOARDED	20000315	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451126	
DISCHARGE AUTHORITY	AR   	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0029	
3.		
4.		
5.		
6.