PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            3 May 2000                  
	DOCKET NUMBER:   AR1999031390

	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.  

	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		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, in effect, that his military records be corrected to show the exact dates he was a prisoner of war (POW) during World War II.  

3.  The applicant states, in effect, that he was captured by the German Government on 28 May 1944 and his military records do not reflect this date.  In support of his application, he submits a copy of a U.S. Department of Justice letter, dated 12 May 1988; a copy of a War Claims Commission letter, dated
17 December 1951; and his WD AGO Form 53-55 (Enlisted Record and Report of Separation). 

4.  The applicant’s military records show that he was inducted on 9 February 1943.  He served as a rifleman in the European-African-Middle Eastern Theater of Operations from 26 October 1943 to 15 May 1945 and was honorably discharged on 14 December 1945.

5.  The applicant’s WD AGO Form 53-55 does not show any dates pertaining to his POW status.  The Board notes that the WD AGO Form 53-55 shows the applicant was wounded in action in the European Theater on 31 May 1944 and was awarded the Purple Heart.

6.  The applicant’s WD AGO Form 24 (Service Record) shows that he participated in the following engagements in Italy during World War II:  Anzio “Beachead” (25 March 1944 to 22 May 1944), Lanuvio (23 May 1944 to 29 May 1944), Rome (1 June 1944 to 6 June 1944), Tarquinia (7 & 8 June 1944) and Cecina (26 June 1944 to 2 July 1944).  His service record also shows that he advanced to the Arno River on 8 July 1944 and was listed as missing in action on 17 July 1944.    

7.  The applicant’s records contain a Casualty Message Telegram, dated 
2 August 1944, which states that the applicant has been reported missing in action since 17 July 1944.  His records contain a Casualty Message Telegram, dated 10 August 1944, which states that the applicant was a POW of the German Government.  His records also contain a Battle Casualty Report, dated 21 June 1945, which shows the applicant was returned to military control on 29 April 1945.

8.  The applicant provided a copy of a War Claims Commission letter, dated 
17 December 1951, which indicates that his period of internment was from
28 May 1944 to 29 April 1945.

9.  DA Form 1577, dated 20 May 1988, shows the Army Reserve Personnel Center in St. Louis, Missouri, determined that the applicant was entitled to the Prisoner of War Medal.  This award is not shown on his discharge document.  

10.  The applicant’s medical records show he was diagnosed with frostbite and trench foot (bilateral, moderate) incurred while in enemy action in Italy in December 1943. 

11.  Army regulation establishes the standardized policy for preparing and distributing discharge documents.  In pertinent part, it directs that, in the case of prisoners of war, the unit of assignment, country and dates of capture and release will be entered in the “Remarks” section of the discharge document.

12.  While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 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.  The bronze oak leaf cluster is awarded to denote the second and succeeding awards of certain decorations, among which is the Purple Heart.

CONCLUSIONS:

1.  The Board noted the applicant’s contention that he was captured by the German Government on 28 May 1944.  The Board also noted the War Claims Commission letter provided by the applicant which states that his period of internment was 28 May 1944 to 29 April 1945.  

2.  However, evidence of record shows that the applicant was wounded in action in the European Theater on 31 May 1944, that he participated in numerous engagements in Italy between May and 17 July 1944 and was reported missing in action on 17 July 1944.  Evidence of record also shows that the applicant was returned to military control on 29 April 1945.  Therefore, based on the foregoing, the Board concluded that the applicant was a POW from 17 July 1944 to 29 April 1945 and that he is entitled to correction of his military records to show these dates.

3.  The applicant was awarded the POW Medal; therefore, he is entitled to correction of his military records to show this medal.

4.  Medical evidence of record shows the applicant was diagnosed with frostbite (feet) which was incurred while in enemy action in Italy in December 1943.  Therefore, he is entitled to a second award of the Purple Heart and correction of his military records to show this award. 
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 showing the entry “Prisoner of War, 133rd Infantry, Italy, 440717-450429” in item 55 (Remarks) on the WD AGO Form 53-55 of the individual concerned; 

	b.  by showing the entries “Prisoner of War Medal” and  “Purple Heart (First Oak Leaf Cluster)” in item 33 (Decorations and Citations) on his WD AGO Form 53-55; and 

	c.  by showing the entry “December 1943 in Italy” in item 34 (Wounds Received in Action) on his WD AGO Form 53-55.	

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

BOARD VOTE:  

RVO_____  JHK____  EWL____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Raymond V. O’Connor, Jr.
		        CHAIRPERSON

INDEX

CASE ID	AR1999031390	
SUFFIX		
RECON		
DATE BOARDED	20000503	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19451214	
DISCHARGE AUTHORITY	AR  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.