PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            21 December 2000                  
	DOCKET NUMBER:   AR2000047243

	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:

	Ms. Karol A. Kennedy  		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Ms. Gail J. Wire		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 military records to show that he earned a battlefield promotion as a second lieutenant.  He also requests, in effect, an additional award of the Purple Heart for frostbite and the Prisoner of War (POW) Medal.

3.  The applicant states, in effect, that during World War II he was sworn in and promoted to lieutenant by a colonel.  He goes on to state that due to his German background, he was promoted on the spot to interrogate German prisoners.  He contends that the colonel tried to call his company commander to inform him of the applicant’s promotion and reassignment to conduct interrogations; however, the company commander was not available.  He also contends that he was wounded by shrapnel and captured by the Germans in December 1944.  In support of his application, he submits an undated letter of explanation; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); and a copy of orders for the Purple Heart dated 19 October 1945. 
 
4.  The applicant’s military records show that he was inducted on 20 March 1944 and served as a light machine gunner in the European Theater of Operations from 24 October 1944 through 6 June 1945.  He was a POW from 19 December 1944 to 29 April 1945.  The applicant was honorably discharged on 7 December 1945 by reason of disability.

5.  Item 3 (Grade) on the applicant’s WD AGO Form 53-55, which was authenticated in his own hand, shows the entry “Cpl” [corporal].  The discharge document shows one award of the Purple Heart for wounds sustained on 
19 December 1944 in Germany.  The WD AGO Form 53-55 does not show the POW Medal as an authorized award.    

6.  There is no evidence in the applicant’s personnel service records which shows that he was promoted to second lieutenant or that he received a battlefield commission as a second lieutenant during World War II.  

7.  The applicant’s records do show that he was given a one grade promotion to corporal under the provisions of “paragraph 18.2, Prisoner of War, 17 August 1945”.  Headquarters Ninth Service Command Special Orders Number 238, dated 9 October 1945, promoted the applicant to corporal based on his POW status.    

8.  Ninth Service Command, Torney General Hospital General Orders Number 50, dated 19 October 1945, show the applicant was awarded the Purple Heart for wounds received as a result of enemy action on 17 December 1944 in Germany. However, his WD AGO Form 53-55 shows he was wounded on 19 December 1944.   

9.  WD AGO Form 8-176 (Diagnosis Slip), dated 10 June 1945, shows the applicant was diagnosed with frostbite (residuals of bilateral, both feet) sustained while a German prisoner of war from December 1944 to April 1945.

10.  DA Form 1577 (Authorization for Issuance of Awards), dated 15 August 2000, shows the National Personnel Records Center determined that the applicant was eligible for the Bronze Star Medal (based on award of the Combat Infantryman Badge), the POW Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars and the Army of Occupation Medal with Germany Clasp.  These awards are not shown on his discharge document.  

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

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no convincing evidence, which shows that he was promoted to second lieutenant or that he earned a battlefield commission as a second lieutenant.  Therefore, the applicant is not entitled to correction of his records to show that he earned a battlefield commission as a second lieutenant.  

2.  General Orders show the applicant was awarded the Purple Heart for wounds received as a result of enemy action on 17 December 1944 in Germany.  Item
34 (Wounds Received in Action) on the applicant’s WD AGO Form 53-55 shows he was wounded on 19 December 1944 in Germany.  Therefore, it would be appropriate to correct item 34 (Wounds Received in Action) on the applicant’s discharge document to show that he was wounded on 17 December 1944, not 
on 19 December 1944. 

3.  Medical evidence, dated 10 June 1945, shows the applicant was diagnosed with frostbite (both feet) sustained while a German POW from December 1944 to April 1945.  Therefore, in accordance with the governing regulation in effect at 

the time, the applicant is entitled to an additional award of the Purple Heart and correction of his military records to show the Purple Heart (First Oak Leaf Cluster).    

4.  The applicant is entitled to the Bronze Star Medal (based on award of the Combat Infantryman Badge), the POW Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars and the Army of Occupation Medal with Germany Clasp.  Therefore, he is entitled to correction of his military records to show these awards.

5.  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 deleting the entry “Germany 19 Dec 44” in item 34 (Wounds Received in Action) on the WD AGO Form 53-33 of the individual concerned ; and

	b.  by adding the entries “Germany 17 December 1944” and “Germany (Frostbite) December 1944 to April 1945” in item 34 on the WD AGO Form 
53-55; and  

	c. by deleting the entry “Purple Heart GO 50 TGH 1944” in item
33 (Decorations and Citations) on the WD AGO Form 53-55; and

	d.  by adding the entries “Purple Heart (First Oak Leaf Cluster)”, “Bronze Star Medal (based on award of the Combat Infantryman Badge)”, “Prisoner of War Medal”, “European-African-Middle Eastern Campaign Medal with three bronze service stars” and “Army of Occupation Medal with Germany Clasp” in item 33 on the WD AGO Form 53-55.

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

BOARD VOTE:  

KAK____  EWL____  GJW____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_Karol A. Kennedy_______
		        CHAIRPERSON

INDEX

CASE ID	AR2000047243	
SUFFIX		
RECON		
DATE BOARDED	20001221	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451207	
DISCHARGE AUTHORITY	AR 615-361  	
DISCHARGE REASON	Certificate of Disability for Discharge	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	131.0000	
2.	107.0015	
3.	107.0029	
4.	107.0014	
5.	107.0065	
6.	107.0060