PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           2 July 2002
	DOCKET NUMBER:   AR2002072405

	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 that he be awarded the Purple Heart.

3.  The applicant states that he had trench foot.  He received a medical discharge as a result of this condition.

4.  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

5.  The applicant was inducted into the Army on 16 November 1943 and entered active duty on 7 December 1943.  He arrived in the European Theater of Operations on 22 October 1944 and served as an automatic rifleman.  He departed the theater on 10 February 1945 and was separated with a certificate of disability on 21 July 1945.  His Report of Separation, WD AGO Form 53-55, shows he was awarded the European-African-Middle Eastern Ribbon with one bronze service star, the marksman qualification badge (Rifle M-1), the sharpshooter qualification badge (Browning Automatic Rifle), the World War II Victory Medal, and the Lapel Button and that he served 1 year, 4 months, and    4 days of continental service.

6.  By letter dated 5 February 1946, the War Department informed the applicant he was awarded the Combat Infantryman Badge.  By letter dated 16 December 1952, the Office of the Adjutant General, Records Administration Center informed him he was awarded the Bronze Star Medal based upon award of the Combat Infantryman Badge.

7.  Department of Veterans Affairs letter dated 2 April 2002 shows the applicant receives disability compensation for residuals of a cold injury.

8.  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.

9.  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.”  It also states that the American Campaign Medal is awarded for service within the continental limits of the United States for an aggregate period of 1 year between 7 December 1941 and 2 March 1946.

CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  While the trench foot injury incurred by the applicant is unfortunate, it does not meet the criteria for award of the Purple Heart outlined in either the old or current regulation.

3.  The applicant was awarded the Combat Infantryman Badge and the Bronze Star Medal and meets the eligibility criteria for award of the American Campaign Medal.  These awards should be added to his WD AGO Form 53-55.

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

RECOMMENDATION:

1.  That the applicant’s WD AGO Form 53-55 be amended to add the Combat Infantryman Badge, the Bronze Star Medal, and the American Campaign Medal.

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

BOARD VOTE:  

__KAK__  __AOA__  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Karol A. Kennedy___
		        CHAIRPERSON

INDEX

CASE ID	AR2002072405	
SUFFIX		
RECON		
DATE BOARDED	2002/07/02	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	PARTIAL GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.