PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           8 August 2002                   
	DOCKET NUMBER:   AR2002071921

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Lester Echols		Member	
	Ms. Margaret V. Thompson		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 he be awarded the Purple Heart (PH).

3.  The applicant states his injuries occurred while he was a prisoner of war (POW).

4.  In support of his application he submits a Department of Veterans Affairs (DVA) rating decision listing a variety of injuries/diseases among which are service connection for residuals of frozen feet and non-service connected residuals of scars incurred from being struck by sharp, pointed bayonets.

5.  The applicant's military records could not be located and are presumed to have been lost during the fire at the records repository in 1973.  The following information was derived from his WD AGO Form 53-55, Enlisted Record and Report of Separation, Honorable Discharge, which was supplied by the applicant, himself.

6.  The applicant was inducted on 20 August 1943 and entered active duty on 10 September 1943.  He was awarded the military occupational specialty of surgical technician, and served in the European Theater of Operations from 25 November 1944 to 21 June 1945.  He was honorably discharged on 25 November 1945 in the rank of private.  His awards include the Sharpshooter Badge with Rifle Bar, the Combat Medical Badge, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal with one bronze service star, the WW II Victory Medal, the Good Conduct Medal, and the Honorable Service Lapel Button.  His WD AGO Form 53-55 also shows that he was a Prisoner of War (POW) for 60 days.

7.  On 15 August 1988, the Army Reserve Personnel Center awarded the applicant the POW Medal.  On 8 April 2000 the National Personnel Records Center awarded the applicant the Bronze Star Medal and the Army of Occupation Medal with Germany Clasp.

8.  Army Regulation 600-45 dated 22 September 1943, Change 6, paragraph 16, states that for the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.  The word element as used in this definition refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  However, trench foot was specifically mentioned as a condition which would not be considered as meriting award.  A determination has been made by the Army Review Boards Agency (ARBA) Medical Advisor that a diagnosis of frozen feet cannot be considered trench foot, as they are two distinct and different diagnoses.

9.  The POW Medal was authorized on 8 November 1985 and is awarded to individuals who in past armed conflicts were taken prisoner or held captive.  Past conflict in this  instance means only World War I, World War II, the Korean War and the Vietnam War.  Hostages of terrorists and persons held by governments with which the United States is not engaged in armed conflict are not eligible.

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 such 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.  While it would appear that the applicant’s bayonet scars would indicate a wound which would qualify for the PH, there is no evidence to show how these scars were incurred.  The Board notes that the DVA classified those scars as non-service connected.  As such, the Board will not recommend granting the applicant the PH based upon those scars.

2.  However, the applicant served in the European Theater of Operations during the winter of 1944/1945, and has been given a disability rating by the DVA for frozen feet.  Since the ARBA Medical Advisor has determined that the diagnosis “frozen feet” is different from the diagnosis “trench foot,” the applicant is entitled to the PH since he was severely frostbitten (frozen feet) while actually engaged in combat (as evidenced by his being taken prisoner).

3.  In addition, the appropriateness of the Army of Occupation Medal with Germany Clasp, the Bronze Star Medal, and the POW Medal, awarded to the applicant by the AR-PERSCOM, is supported by the evidence of record and should be added to the applicant’s DD Form 214.

4.  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:

	a.  Awarding the individual concerned the PH for his frostbite injury to his feet; and

	b.  adding to his WD AGO Form 53-55 the Army of Occupation Medal with Germany Clasp, the Bronze Star Medal, and the POW Medal.

BOARD VOTE:  

___mvt__  ___le __  ____rjw __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________Raymond J. Wagner____
		        CHAIRPERSON

INDEX

CASE ID	AR2002071921	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020808	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.