PROCEEDINGS

	IN THE CASE OF:         

	BOARD DATE:              27 August 2002
	DOCKET NUMBER:     AR2002072655

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Thomas Lanyi 		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 correction of his records to show the second award of the Purple Heart and the Bronze Star Medal.

3.  The applicant states that he was evacuated to the rear for "trench foot" during the "Battle of the Bulge" in World War II.  He requests award of the Bronze Star Medal based on his award of the Combat Infantryman Badge.  In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), his Honorable Discharge Certificate, a record of hospitalization, and a newspaper article.

4.  The applicant’s military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Records available to the Board were obtained from alternate sources and show he initially served in the National Guard from 7 May 1934 to 6 May 1937.  He enlisted in the Army on 14 December 1942 and completed infantry training.  He served in Scotland from 11 August 1944 through 16 December 1945 and was honorably discharged on 31 December 1945.

5.  The applicant's WD AGO Form 53-55 shows entitlement to one award of the Purple Heart.

6.  Item 34 (Wounds Received in Action) on the applicant's WD AGO Form 53-55 shows he was wounded in France on 4 November 1944.

7.  The applicant provided a copy of a record of hospitalization from the 177th General Hospital.  This document shows he was diagnosed with "Trench foot, bilateral, mild" and was placed on limited duty due to trench foot.

8.  The applicant's WD AGO Form 53-55 shows the Combat Infantryman Badge in item 31 (Military Qualification and Date).

9.  The Board noted that the applicant is entitled to the European-African-Middle Eastern Campaign Medal with three bronze service stars.

10.  The applicant's WD AGO Form 53-55 shows the European-African-Middle Eastern Campaign Medal as an authorized award.  Item 32 (Battles and Campaigns) shows he received campaign credit for participation in Northern France, Ardennes and Rhineland.  

11.  Army Regulation 600-8-22 (Military Awards) 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 pertinent 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 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.

13.  Army Regulation 600-8-22 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.  This provision did not go into effect until 10 September 1947 when Change 12 to Army Regulation 600-45 (Decorations) was published.

14.  Army Regulation 600-8-22 authorizes a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation or listed in item 32 (Battles and Campaigns) of the WD AGO Form 53-55.  The regulation states that authorized bronze service stars will be worn on the appropriate campaign or service medal including the European-African-Middle Eastern Campaign Medal.  

CONCLUSIONS:

1.  The applicant's WD AGO Form 53-55 shows entitlement to one award of the Purple Heart.

2.  Evidence of record shows the applicant was diagnosed with mild trench foot during World War II.  However, based on the Military Awards regulation, trench foot is not a basis for award of the Purple Heart.  Therefore, there is no basis for granting the applicant a second award of the Purple Heart.

3.  The applicant was awarded the Combat Infantryman Badge during World War II.  Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.

4.  The applicant’s WD AGO Form 53-55 shows he received credit for participation in three campaigns while assigned in the European-African-Middle Eastern Theater of Operations; therefore, he is entitled to correction of his records to show three bronze service stars to be affixed to his European-African-Middle Eastern Campaign Medal.

5.  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:

a.  by deleting the European-African-Middle Eastern Campaign Medal from item 33 (Decorations and Citations) of the individual concerned WD AGO Form 53-55; and

b.  by showing he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge) and the European-African-Middle Eastern Campaign Medal with three bronze service stars.

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

BOARD VOTE:  

INW____  TL______  AAO_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR2002072655	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020827	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT IN PART	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.