PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            24 July 2003
	DOCKET NUMBER:   AR2003087229

	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. Jessie B. Strickland		Analyst	

	The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Yolanda Maldonado		Member	
	Mr. John P. Infante		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 his records be corrected to reflect his awards of the Purple Heart and the Bronze Star Medal (BSM).

3.  The applicant states that he was awarded the Purple Heart and BSM approximately 6 years after his discharge and that he subsequently lost his Purple Heart Certificate.  In support of his application he submits a copy of his report of separation (WD AGO Form 53-55), a copy of his BSM Certificate and copies of post card notifications from the War Department Casualty Branch to his mother informing her of his progress while he was hospitalized. 

4.  The applicant’s military records were destroyed in the 1973 fire at the National Personnel Records Center, which destroyed millions of service records.  However, information obtained from the documents submitted by the applicant and alternate sources show that he was inducted on 9 June 1943 and entered active duty on 23 June 1943.

5.  He departed for the European Theater of Operations (ETO) on 14 October 1944 and was assigned to Company E, 311th Infantry Regiment, 78th Infantry Division.

6.  On 26 January 1945, he was admitted to a hospital in the ETO for frostbite to his feet.  He was hospitalized for 90 days.

7.  He departed the ETO on 26 March 1946 and was transferred to Fort McCoy, Wisconsin, where he was honorably discharged in the rank of private first class (PFC) on 9 April 1946.  He had served 2 years, 9 months and 16 days of active service and was awarded the Combat Infantryman Badge (CIB), the American Theater Service Ribbon, the European-African-Middle Eastern (EAME) Theater Service Ribbon, the Distinguished Unit Badge (now known as the Presidential Unit Citation) and the Good Conduct Medal.  He also participated in the Ardennes and Rhineland Campaigns.  The Ardennes Campaign was conducted during the period of 16 December 1944 through 25 January 1945.

8.  On 30 July 1952, the applicant was awarded the BSM for meritorious achievement in the ETO on or about 9 January 1945.  There is no indication that the award of the BSM was ever added to his WD AGO Form 53-55.

9.  The post card notifications provided by the applicant that were sent to his mother in 1945, consists of progress reports from the 4191st Army Hospital in the ETO, notifying the applicant's mother that he was convalesing and making normal improvement for frostbite to both feet.

10.  A review of the available evidence fails to show that he was awarded the Purple Heart.
11.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  The current regulation establishes that frostbite and trench foot are not a basis to award the Purple Heart.  However, Army Regulation 600-45 dated 11 November 1944, the regulation in effect at the time, provided that a Purple Heart could be awarded to personnel severely frostbitten while actually engaged in combat.  Trench foot, immersion foot or less than a severe case of frostbite were ineligible for award of the Purple Heart.

12.  That regulations also states, in pertinent part, that the World War II (WW II) Victory Medal was established by the act of Congress 6 July 1945 (59 Stat 461). It was awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

CONCLUSIONS:

1.  Although there is no evidence to show that the applicant was awarded the Purple Heart, the Board finds it reasonable to presume that given his award of the CIB and his being admitted to the hospital on 26 January 1945, for treatment of frostbite to both feet over a 90 day period, that he was injured as a result of combat operations during the Ardennes Campaign and that he was in fact subsequently awarded the Purple Heart for his injuries.  Accordingly, it would be in the interest of justice to correct his records to show that award. 

2.  Likewise, it would also be appropriate to show his award of the BSM issued to him in 1952, which was never reflected on his records.

3.  The Board also finds that he was entitled to be awarded the WWII Victory Medal and two bronze service stars for wear on his EAME Theater Service Ribbon and to have them reflected on his records as well.

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 awarding him the WWII Victory Medal and by showing that he was also awarded the Purple Heart and BSM.

BOARD VOTE:  

__ao____  ___ym___  ___jpi___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087229	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000/CORR 53-55	
2.  60	107.0014/BSM	
3.  61	107.0015/PH	
4.  112	107.0066/WWII	
5.		
6.