PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 July 2002
	DOCKET NUMBER:   AR2002071595

	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. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston 		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Mr. Roger W. 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 award of the Purple Heart.

3.  The applicant states that he was hospitalized for “trench foot” during World War II and the current military awards regulation now awards the Purple Heart for this injury.

4.  The applicant’s military records show that he entered active duty on 9 December 1943 and served in European-African-Middle Eastern Theater of Operations from 25 October 1944 to 6 May 1946.  He was honorably separated from active duty on 25 May 1946; however, he entered active duty again on 18 October 1951 and served in the Korean War.  The applicant was honorably separated from this period of active duty on 13 February 1953.

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

6.  The applicant provided a copy of a page of administrative remarks from his WD AGO Form 24 (Service Record) which states that, on 7 March 1945, the applicant was diagnosed with “Trench foot bilateral mod” [moderate] and was disqualified from full duty because of trench foot.

7.  The Board noted that the applicant was also entitled to correction of his WD AGO Form 53-55 to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.  His WD AGO Form 53-55 shows entitlement to the Combat Infantryman Badge and his pay records show award of combat infantry pay.  A DA Form 1577 (Authorization for Issuance of Awards) shows the applicant has already received award of the Bronze Star Medal based on the Combat Infantryman Badge, but it has not been entered on his WD AGO Form 53-55. 

8.  Army Regulation 600-8-22 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.  Paragraph 2-8b(5)(a) of this regulation states, in part, that “Frostbite or trench foot injuries” 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 23 August 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.

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.

11.  The Board also noted that the applicant may be entitled to award of the Korean War Service Medal for his service during the Korean War.  On the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world.  On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign award.  The Department of Defense has assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans of all services.  In order to assist the applicant, the Board is furnishing him with a copy of the Department of the Air Force administrative instructions for requesting award of the Korean War Service Medal.  When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign unit award to his DD Form 214.

CONCLUSIONS:

1.  Records show the applicant was diagnosed and treated for moderate trench foot during World War II.  However, contrary to the applicant’s contention, trench foot was not then and is not now a basis for award of the Purple Heart.  At the time in question, frostbite was a basis for award of the Purple Heart.  However, in the absence of evidence that the applicant was diagnosed with frostbite, there is insufficient evidence upon which to base award of the Purple Heart in this case.

2.  The applicant received the Combat Infantryman Badge during World War II; therefore, he is entitled to correction of his records to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.

3.  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 award of the Bronze Star Medal on the WD AGO Form 
53-55 of the individual concerned 

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

BOARD VOTE:  

__JHL__  __JBR__  __RWA__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Ms. Joann H. Langston__
		        CHAIRPERSON

INDEX

CASE ID	AR2002071595	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020709	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.0000.0000	
2.		
3.		
4.		
5.		
6.