RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           8 January 2004                   
	DOCKET NUMBER:   AR2003088093

	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. Carolyn Wade		Analyst	

  The following members, a quorum, were present:

	Ms. Kathleen A. Newman		Chairperson	
	Mr. John T. Meixell		Member	
	Ms. Linda M. Barker		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that documentation of his injury be placed in his Official Military Personnel File (OMPF) and that he be awarded the Purple Heart (PH).

2.  The applicant states that his medical records show that he was injured, but his OMPF does not.

3.  The applicant provides 18 pages of medical documentation obtained from his Department of Veterans Affairs (VA) Medical File at the VA Regional Office, Togus, Maine.  These records show that he was treated for trench foot and also for 2nd degree burns caused by an accident while washing his clothes.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 14 August 1945.  The application submitted in this case is dated 1 January 2003 and was received in this office on 12 March 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Army Board for Correction of Military Records (ABCMR) to conduct a fair and impartial review of this case.  

4.  The applicant was inducted into the Army of the United States on 19 January 1942.  He served in military occupational specialty 604 (Light Machine Gunner).  He departed the United States on 5 March 1943 for the European-African-Middle Eastern Theater of Operations, arriving in North Africa on 18 March 1943.  He was assigned to the 6th Armored Infantry Regiment.

5.  The applicant participated in five campaigns:  Tunesia - 17 November 1942 to 13 May 1943; Naples-Foggia - 9 September 1943 to 21 January 1944; Rome-Arno - 22 January to 9 September 1944; Northern Apennines - 10 September 1944 to 4 April 1945; and Po Valley - 5 April to 8 May 1945.  In July 1944, the 6th Armored Infantry Regiment was reorganized and redesignated.  The applicant was then assigned to the 14th Armored Infantry Battalion for the duration of the war.  He departed Europe on 2 August 1945 and returned to the United States on 9 August 1945.  He was separated on 14 August 1945.

6.  The applicant was hospitalized in January 1944 for a period of 32 days.  He was treated for trench foot.  It was noted on his hospital admission card for the year 1944, which was created by the Office of The Surgeon General Department of the Army, that his foot condition (Trench Foot) was due to reduced temperatures.  There is also evidence that he suffered accidental 2nd degree burns when gasoline spilled and ignited while he was washing his clothes.

7.  The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation -  Honorable Discharge) shows that served 3 years, 6 months, and 26 days, of which 2 years, 5 months, and 5 days was overseas service.  He received the Combat Infantryman Badge, the Good Conduct Medal, and the European-African-Middle Eastern Campaign Medal.  Item 34 (Wounds Received in Action) states "None."  The PH is not listed as an authorized award.

8.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

9.  AR 600-45 governed award of Army decorations during World War II.  Change 5, effective 11 November 1944, permitted award of the PH to personnel severely frostbitten while actually engaged in combat.  Trench foot was not considered as meriting award of the PH.  This policy was reiterated in Change 6, effective 2 May 1945.  Personnel with trench foot, immersion foot, or less than severe cases of frostbite were ineligible for the PH.

10.  AR 600-8-22 provides that the Bronze Star Medal (BSM) 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.

11.  AR 600-8-22 also provides that the American Campaign Medal (ACM) is awarded for qualifying service in the American Theater between 7 December 1941 and 2 March 1946.  Qualifying service includes permanent assignment outside the Continental United States, duty as a crewmember aboard a vessel sailing ocean waters for 30 consecutive or 60 nonconsecutive days, or duty outside the continental United States as a passenger or in a temporary duty status for 30 consecutive or 60 nonconsecutive days, or active combat against the enemy and was awarded a combat decoration or furnished a certificate by a corps commander or higher, or service within the continental United States for an aggregate period of one year.

12.  AR 600-8-22 also authorizes award of a Bronze Service Star (BSS), based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized BSS's will be worn on the appropriate service medal.  A single Silver Service Star denotes five campaigns.

13.  AR 600-8-22 also provides for award of the World War II Victory Medal (WWII Victory Medal).  It is awarded for service between 7 December 1941 and 31 December 1946, both dates inclusive.

14.  AR 600-8-22 provides, in pertinent part, that the Presidential Unit Citation (known as the Distinguished Unit Citation until 3 November 1966) is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.  Department of the Army Pamphlet 672-1 (Unit Citation and Campaign Participation Credit Register) indicates that the 6th Armored Infantry Regiment was cited for award of the Distinguished Unit Citation for the period 13 December 1943 to 12 January 1944 by War Department General Order 64-47.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant suffered from trench foot during World War II and was hospitalized for 32 days.  Trench foot was not considered a battle injury for which the PH was awarded.  The record also shows 

that the applicant was treated for 2nd degree burns which resulted from an accident and was not the result of combat.  This injury also does not qualify for award of the PH.  Both of these injuries are annotated in the applicant's medical records; no further annotation is required.

2.  The record shows that the applicant is entitled to several awards that do not appear on his WD AGO Form 53-55.  By regulation, he is entitled to the BSM, the ACM, the WWII Victory Medal, the Distinguished Unit Citation, and a silver service star for wear on his European-African-Middle Eastern Campaign Medal. These awards should be added to the applicant's records.

BOARD VOTE:

__kan___  __jtm___  __lmb___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the BSM, the ACM, the Distinguished Unit Citation, and a silver service star for wear on his European-African-Middle Eastern Campaign Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the PH.

			Kathleen A. Newman
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088093	
SUFFIX		
RECON		
DATE BOARDED	20040108	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.