PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002072137

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Arthur O. Omartian		Member	
	Mr. Raymond J. Wagner		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, in effect, that the Purple Heart be added to his Report of Separation, WD AGO Form 53-55.

3.  The applicant states that the Purple Heart is not listed on his WD AGO Form 53-55.  It was issued to him around 1984.

4.  The applicant’s military records show he was inducted into the Army and entered active service on 29 April 1944.  He arrived in England on 26 November 1944.  

5.  A medical document shows that the applicant reported on sick call on           19 January 1945 with a complaint of numbness and pain in his feet.  A few days earlier he had been in water up to his waist and was unable to get dry socks.  He was diagnosed as having trench foot.  He was medically evacuated to the States on an unknown date.  A medical entry dated 5 November 1945 shows he had a history of frostbite in January 1945 and trench feet in April 1945.  An unidentified medical document contains the entry, “Purple Heart Yes.”  On 9 November 1945, he was found to be unfit for duty because of trench foot, bilateral, moderately severe.  He was discharged with a certificate of disability on 29 November 1945.

6.  The applicant’s WD AGO Form 53-55 shows that he was awarded two bronze (service) stars, the Combat Infantryman Badge, the American Theater Ribbon, the European Theater of Operations Ribbon, the Army Good Conduct Medal, and the Lapel Button.

7.  Surgeon General Hospital Admission Cards show the applicant was hospitalized on 19 January 1945 for a battle injury, frostbite.

8.  On 26 March 1981, the U. S. Army Reserve Components Personnel and Administration Center authorized issuance to the applicant of, in addition to the awards listed on his WD AGO Form 53-55, the Bronze Star Medal (based upon award of the Combat Infantryman Badge), the Purple Heart, and the World War II Victory Medal.

9.  Army Regulation 600-45, then in effect, provided, in pertinent part, for the award of the Purple Heart to personnel severely frostbitten while actually engaged in combat.

10.  Army Regulation 600-8-22, dated 25 March 1995, in pertinent part, states:  “(5)  Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart are as follows:  (a) Frostbite or trench foot injuries.” 

CONCLUSIONS:

1.  The evidence of record appears to indicate that the severity of the applicant’s cold weather injury was more the result of trench foot (normally not entitling a soldier to award of the Purple Heart) rather than frostbite; however, there is evidence to show that a decision was made in 1945 that he was entitled to the Purple Heart and the Surgeon General Hospital Admission Cards show he was hospitalized in January 1945 for frostbite (presumably severe enough to result in his disability separation and therefore entitling him to award of the Purple Heart under the criteria at the time).  It would therefore be equitable to amend his WD AGO Form 53-55 to add the Purple Heart.

2.  The applicant’s WD AGO Form 53-55 should also be amended to add the Bronze Star Medal and the World War II Victory Medal.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That the applicant’s WD AGO Form 53-55 be amended to show he was wounded in January 1945 and to add the Bronze Star Medal, the Purple Heart, and the World War II Victory Medal.

BOARD VOTE:  

__KAK__  __AOA__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072137	
SUFFIX		
RECON		
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.