PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           17 May 2000                   
	DOCKET NUMBER:   AR2000038516

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		Member	
	Mr. Raymond J. Wagner		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 he did not receive the Purple Heart for cold weather injuries (trench foot and frostbite) sustained during World War II.  He contends that he spent two weeks in the hospital, that he never went back for a hearing and was classified “5F”.  He also states that he never returned to the line.  In support of his application, he submits two discharge documents. 

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 enlisted in the Army of the United States on 6 March 1942.  He served as a light truck driver in the European Theater of Operations and was honorably discharged on 4 November 1945 to enlist in the Regular Army.  He reenlisted on 5 November 1945.  The applicant served as a fire fighter in the European Theater of Operations from
15 April 1946 through 20 September 1946 and was honorably discharged on
2 December 1946.  The applicant was awarded the Combat Infantryman Badge on 1 February 1945.     

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

6.  There is no evidence in the available records which shows the applicant was diagnosed with trench foot or frostbite during World War II.  

7.  There is no evidence in the available records which shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action.  

8.  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.

9.  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. 
 
10.  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.  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.  The Board noted the applicant’s contention that he should be awarded the Purple Heart for trench foot and frostbite.  However, there is no evidence available to the Board which shows the applicant was diagnosed with trench foot or frostbite.  The current governing regulation and the regulation in effect at the time in question specifically state that trench foot injuries do not qualify for award of the Purple Heart.  Therefore, the applicant is not entitled to correction of his military records to show award of the Purple Heart.

3.  The applicant received award of the Bronze Star Medal prior to his separation from active duty on 2 December 1946.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal (correctly known as the Bronze Star Medal (First Oak Leaf Cluster)) and correction of his records to show the Bronze Star Medal (First Oak Leaf Cluster).

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 (First Oak Leaf Cluster).

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

BOARD VOTE:  

CMF____  FE_____  RJW_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Calvin M. Fowler______
		        CHAIRPERSON

INDEX

CASE ID	A2000038516	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19461202	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.