IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009371 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009371 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 2. The Board determined that administrative errors in the records of the individual concerned should be corrected. Therefore, the Board requests that the ARBA CMD administratively correct the WD AGO Form 53-55 of the individual concerned to add the Bronze Star Medal. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 31 March 2016 DOCKET NUMBER: AR20150009371 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a former service member (FSM), requests award of the Purple Heart to her late husband. 2. The applicant states her late husband suffered from frostbite due to combat conditions in World War II while engaging the enemy during the Battle of the Bulge. He suffered throughout his life with this condition. At the time of his death, the Department of Veterans Affairs (VA) had rated him 60-percent disabled due to this impairment. 3. The applicant provides: * a copy of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) * her marriage certificate * the FSM's death certificate * the FSM's Honorable Discharge Certificate * the FSM's VA Rating Decision, dated 13 April 1998 CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center, St. Louis, Missouri in 1973. It is believed the FSM's records were lost or destroyed in that fire. This case is being considered using the documents the applicant provides and records from other official sources provided by National Personnel Records Center. 3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 January 1943. He was honorably discharged on 13 December 1945. This forms shows the following pertinent information: * the FSM departed for the European theater of operations on 22 October 1944 and arrived on 1 November 1944 * he departed the European theater of operations for the United States on 7 March 1945 and arrived on 17 March 1945 * he had no recorded wounds at the time of his separation * he was awarded the Combat Infantryman Badge * he was not awarded the Purple Heart or Bronze Star Medal 4. The applicant provides a copy of the FSM's VA Rating Decision, dated 13 April 1998, which shows the FSM was rated as 60-percent disabled for service-connected bilateral trench foot. According to this document, the FSM was granted service-connected disability for his condition identified as "trench foot." His "frostbite" condition was noted; however, it was not considered to have been service-connected. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment by medical personnel, and the medical treatment must have been made a matter of official record. (1) Examples of enemy-related injuries which clearly justify award of the Purple Heart are as follows: injury caused by enemy bullet, shrapnel, or other projectile created by enemy action; injury caused by enemy placed mine or trap; injury caused by enemy released chemical, biological, or nuclear agent; injury caused by vehicle or aircraft accident resulting from enemy fire; and/or concussion injuries caused as a result of enemy generated explosions. (2) Examples of injuries or wounds which clearly do not justify award of the Purple Heart are as follows: frostbite or trench foot injuries; heat stroke; food poisoning not caused by enemy agents; chemical, biological, or nuclear agents not released by the enemy; battle fatigue; disease not directly caused by enemy agents; accidents, to include explosive, aircraft, vehicular, and other accidental wounding not related to or caused by enemy action; self-inflicted wounds, except when in the heat of battle and not involving gross negligence; post-traumatic stress disorders; and/or jump injuries not caused by enemy action. b. 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. Therefore, the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II. DISCUSSION: 1. The applicant's request for correction of her spouse's military records to reflect award of the Purple Heart was carefully considered. 2. There is no evidence in the available record that confirms the FSM was wounded or injured as a result of hostile action, treated for such wounds, or that his treatment was made a matter of official record. The governing Army regulation provides that to be awarded the Purple Heart for an injury caused by cold conditions, a Soldier must have been diagnosed with frostbite (not trench foot), and such frostbite must have incurred while engaged in combat. 3. The FSM's VA Rating Decision shows his frostbite was determined to have been non service-connected. Therefore, there is insufficient evidence to show his frostbite satisfies the criteria for award of the Purple Heart. 4. The FSM was awarded the Combat Infantryman Badge. By regulation, personnel who were awarded the Combat Infantryman Badge are authorized the Bronze Star Medal for service during World War II; however, the FSM's WD AGO Form 53-55 does not show this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150009371 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150009371 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2