PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            19 September 2000
	DOCKET NUMBER:   AR2000042179

	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	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 that his records be corrected to reflect his award of the Purple Heart (PH).

3.  The applicant states that the PH was awarded to him based on his having trench foot in World War II (WWII) and he currently receives compensation from the Veterans Administration (VA) for the disability.  However, the award of the PH was never added to his separation documents (WD AGO Form 53-55).  In support of his application he submits a copy of the form awarding him disability compensation for trench foot, a copy of a note from the Secretary of War forwarding the PH to him, and copy of the actual PH Medal with his name engraved on it.

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri which destroyed millions of service records.  However, medical records obtained from alternate sources show that the applicant was in fact treated for frostbite of the feet as early as 18 January 1945 and was evacuated to a hospital on 20 January 1945 for treatment of trench foot.  Entries dated 13 March 1945 indicate that he was convalescing in a hospital in England for bilateral trench foot.  His separation physical also makes reference to his treatment of trench foot as well.

5.  On 18 March 1946, he was honorably discharged at Camp Grant, Illinois.  His report of separation made no mention of any wounds or injuries or of an award of the PH.

6.  The supporting documents submitted by the applicant include a form from the VA dated 13 April 1946, awarding him disability compensation (10%) for a service connected disability (Residuals of trench foot).

7.  Information contained in the reconstructed records shows that the applicant previously attempted to get his records corrected to reflect the award of the PH and was informed on 4 November 1985 by the Reserve Components Personnel and Administration Center (RCPAC) that his records could not be corrected as requested without a copy of the General Order awarding him the PH.

CONCLUSIONS:

1.  Inasmuch as the applicant has previously attempted to have his records corrected to reflect his award of the PH, an award that he was obviously entitled to receive for his injuries during WWII, and since he has shown that the medal was in fact issued to him, the Board is inclined to correct his records as requested without the benefit of having the requested General Order provided. 

2.  While it is normal practice for the Department to verify orders before making such corrections, the Board finds that given the circumstances in this case in which his records were destroyed and since there is sufficient evidence to show he was entitled to receive the award of the PH, the absence of an order that was in all likelihood destroyed in the fire should not deprive the applicant of the recognition he is entitled to receive.

3.  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 by showing that the individual concerned was awarded the PH.

BOARD VOTE:  

__rks ___  ___hof __  ___jpi ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Hubert O. Fry, Jr._____
		        CHAIRPERSON

INDEX

CASE ID	AR2000042179	
SUFFIX		
RECON		
DATE BOARDED	2000/09/19	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 214	
2.		
3.		
4.		
5.		
6.