PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           21 August 2003
	DOCKET NUMBER:   AR2003087353

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Regan K. Smith		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 award of the Purple Heart.

3.  The applicant states, in effect, that he suffered frostbite of his hands and feet during the winter months of 1945 while detecting and removing German mines.  In support of his application, he submits a letter of explanation, dated 24 April 2002, and an undated Department of Veterans Affairs (DVA) letter.  

4.  The applicant’s military records have been lost or destroyed.  This case is being considered using reconstructed records.  The applicant's reconstructed records consist primarily of the WD AGO Form 53-55 (Enlisted Record and Report of Separation).

5.  The applicant's reconstructed records show the applicant was inducted on 
9 February 1943.  He served as a pioneer in the European Theater of Operations from 3 November 1944 through 27 December 1945 and was honorably discharged on 21 January 1946.  

6.  The applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) on his WD AGO Form 53-55 shows the entry, "NONE."   

7. There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II.

8.  There are no medical records in the available records.

9.  In support of his claim, the applicant provided an undated DVA decision which shows that service connection was granted for cold weather injuries to his hands and feet.    

10.  The applicant's WD AGO Form 53-55 shows the Bronze Star Medal as an authorized award.  However, the available records contain a citation for the Bronze Star Medal with "V" Device for heroism on 20 January 1945. 

11.  The applicant's WD AGO Form 53-55 shows the applicant received the Combat Infantryman Badge during World War II.

12.  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.

13.  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.  The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart.

14.  Army Regulation 600-8-22 also 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Bronze Star Medal.

CONCLUSIONS:

1.  The Board considered the applicant's contention that he suffered frostbite of his hands and feet during the winter of 1945.  The Board also noted the DVA decision to award service connection for cold weather injuries to his hands and feet.  However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was diagnosed with frostbite during World War II.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart for frostbite.  

2.  The applicant received the Bronze Star Medal with "V" Device prior to his separation from active duty on 21 January 1946.  After his discharge from the Army, he became entitled to a second award of the Bronze Star Medal based on his award of the Combat Infantryman Badge during World War II.  Therefore, the applicant is entitled to two awards of the Bronze Star Medal and correction of his records to show the Bronze Star Medal with First Oak Leaf Cluster with "V" Device.

3.  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 by showing that the applicant was awarded the Bronze Star Medal with First Oak Leaf Cluster with "V" Device.

2.  That so much of the application as pertains to award of the Purple Heart be denied.

BOARD VOTE:  

JNS____  RWA___  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__John N. Slone____
		        CHAIRPERSON

INDEX

CASE ID	AR2003087353	
SUFFIX		
RECON		
DATE BOARDED	20030821	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.	107.0014	
3.		
4.		
5.		
6.