PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 January 2001   
	DOCKET NUMBER:   AR2000048418

	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. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman		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 filed a “Form 501” in 1951 but received no response regarding the medals.  He contends that he saw a newscast in August 2000 on veterans who received the Purple Heart for frozen feet during the “Battle of the Bulge”.  As a result of this newscast, he believes that he is entitled to the Purple Heart also.  In support of his application, he submits a letter of explanation dated 6 September 2000; Standard Form 180 (Request Pertaining to Military Records) dated 5 September 2000; WD AGO Form 53-55 (Enlisted Record and Report of Separation); a copy of a V-Mail dated 10 February 1945; and VA documentation dated 17 September 1947, 15 February 1947, 5 August 1949 and 9 May 1952. 

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
27 April 1944.  He served as a clerk-typist in the European Theater of Operations from 20 December 1944 through 5 September 1945 and was honorably discharged on 7 June 1946.

5.  The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “NONE”. 

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 during World War II.

7.  The applicant provided VA documentation which shows he was granted a service connected disability of 10 percent for “trench feet condition”.

8.  The applicant was awarded the Combat Infantryman Badge during World War II.

9.  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.

10.  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. 

11.  Army Regulation 600-8-22 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.

CONCLUSIONS:

1.  There is no evidence of record available to the Board, and the applicant has provided no convincing evidence, which shows he was wounded or treated for wounds as a result of hostile action during World War II.

2.  The VA documentation provided by the applicant shows he was granted service connection for trench foot, not frostbite.  The governing regulation, in effect at the time of the applicant’s separation, specifically states that trench foot will not be considered as meriting 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 was awarded the Combat Infantryman Badge during World War II.  Therefore, he is entitled to correction of his discharge document to show the Bronze Star Medal (based on award of the Combat Infantryman Badge).

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 (based on award of the Combat Infantryman Badge).
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

EMW___  AMC____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Ernest M. Willcher_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000048418	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19460607	
DISCHARGE AUTHORITY	AR 615-365 	
DISCHARGE REASON	Convenience of the Government RR1 Demobilization	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.