PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           25 February 2003                    
	DOCKET NUMBER:   AR2002072391

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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.

3.  The applicant states that his discharge paper does not reflect award of the Purple Heart that he received in France.

4.  In support of his request, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation).

5.  The applicant's military records were lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from information furnished by the applicant or obtained from the hospital admission cards created by the Office of The Surgeon General (OTSG).

6.  The applicant was inducted on 30 April 1943, his military occupation specialty was clerk general, and he served in the European Theater of Operations from 11 August 1944 through 17 December 1945.  He was honorably discharged at demobilization on 4 January 1946, in the rank of private first class.

7.  His WD AGO Form 53-55 reflects that he was awarded the American Service Medal, the European-African-Middle Eastern Service Ribbon, and the World War (WW) II Victory Medal.

8.  Information obtained from hospital admission cards created by the OTSG reflects that the applicant was admitted to a hospital on 27 January 1945 for cold injury, ground type.  The injury is listed as a battle injury.  The applicant was diagnosed with trench foot caused by reduced temperature.  His hospital stay was 55 days.

9.  Immersion (Trench) Foot is an injury due to prolonged exposure to wet/cold at temperatures above freezing.  Immersion foot can be prevented by changing socks frequently and keeping the feet and boots dry.   Definition obtained from www.merck.com/pubs/mmanual_home/  (Merck Manual).

10.  Frostbite is an injury due to freezing of tissue cells.  Frostbite of extremities occurs in extreme cold.  Definition obtained from www.merck. com/pubs /mmanual_home/  (Merck Manual).

11.  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.”

12.  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.

13.  The same regulation provides that a Bronze Service Star, based on qualifying service for each campaign listed in Appendix B of this regulation, will be worn on the appropriate service medal.  A Silver Service Star is worn to indicate five campaigns.  In the applicant’s case, his European-African-Middle Eastern Campaign Ribbon should reflect one Silver Service Star and two Bronze Service Stars. 

14.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) shows the unit to which the applicant was assigned, the 376th Infantry Regiment, 94th Infantry Division, was awarded Occupation credit for Germany for the period 2 May – 14 August 1945 and participation in the Rome-Arno; Normandy; Northern France; Southern France; Northern Apennines; Rhineland and Ardennes-Alsace Campaigns.

CONCLUSIONS:

1.  It is noted that the applicant was hospitalized for 55 days for a cold weather injury, and the Board did consider the possibility that the applicant had suffered a frostbite injury, which would entitle him to the Purple Heart.  However, the only evidence available is the OTSG file which indicates that the applicant was diagnosed and treated for  trench foot and as such does not meet the criterion for award of the Purple Heart. 

2.  Notwithstanding the denial of his request for the Purple Heart, his records substantiate that he is entitled to the Army of Occupation Medal with Germany clasp and one Silver and 2 Bronze Service Stars to be worn on his European-African-Middle Eastern Service Ribbon.  He is therefore entitled to have these awards shown on his WD AGO 53-55.

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

RECOMMENDATION:

1.  That the WD AGO Form 53-55 of the individual concerned be corrected by showing that he was awarded the, the Army of Occupation Medal with Germany clasp and one Silver and 2 Bronze Service Stars to be worn on his European-African-Middle Eastern Service Ribbon.

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

BOARD VOTE:  

___lf____  ___jns___  ____reb_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________John N. Slone______
		        CHAIRPERSON

INDEX

CASE ID	AR2002072391	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020225	
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         1.107.015		
2.		
3.		
4.		
5.		
6.