APPLICANT REQUESTS:  Consideration for award of the Purple Heart (PH).

APPLICANT STATES:  He is on record for residual frozen feet (sic),10% 
service connected.

EVIDENCE OF RECORD:  The applicant's military records show:

On 9 April 1943, he enlisted in the Regular Army.  On 1 February 1944, he became a Prisoner of War (POW) of the German government until 
13 April 1945 and was discharged on 10 November 1945.

Medical records indicate applicant was admitted to the hospital on 
18 November 1943 for acute diarrhea and a fever of unknown origin.  Applicant was also hospitalized in April 1945 for moderate malnutrition and a pilonidal cyst after being liberated from the German government.

Army Regulation 600-45, Personnel Decorations (C-5, dated 11 Nov 44), indicates in pertinent part, that the Purple Heart is awarded for members who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer.  (For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.)  In connection with the definition of “wound” above, the word “element” refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence in the applicant’s active duty medical records that he was ever treated for frostbite nor is there mention of frostbite in his examination after the applicant was liberated or in his separation physical.

3.  The Veterans Administration granted the applicant 10% disability for residual frost bite of the feet and deemed it service connected from 
August 11, 1980 when applicant first filed claim.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director