PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 July 2000      
	DOCKET NUMBER:   AR2000040359

	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. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of the Purple Heart.

3.  The applicant states, in effect, that he had frost bitten feet during World War II.  In support of his application, he submits medical documentation to support his claim. 

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
30 November 1943.  He served as a rifleman in the European Theater of Operations from 28 June 1944 through 18 January 1946 and was honorably discharged on 2 February 1946. 

5.  The applicant’s WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in action) on the discharge document states “none”.

6.  The available records contain Form Number 52b (Medical Department), dated 16 January 1945, which shows the applicant was diagnosed with bilateral frost bitten feet.    

7.  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.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant was diagnosed with bilateral frost bitten feet on 16 January 1945.  Therefore, the applicant is entitled to correction of his discharge document to show award of the Purple Heart.

2.  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: 

	a.  by showing the entry “Purple Heart” in item 33 (Decorations and Citations) of the WD AGO Form 53-55 of the individual concerned; and 

	b.  by showing the entry “Bilateral Frost Bitten Feet, 16 January 1945” in item 34 (Wounds Received in Action) of his WD AGO Form 53-55.

BOARD VOTE:  

RJW____  JS_____  RA______  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2000040359	
SUFFIX		
RECON		
DATE BOARDED	20000711	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460202	
DISCHARGE AUTHORITY	AR 615-365  	
DISCHARGE REASON	Convenience of the Government RR1-1 (Demobilization)	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.