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Decision Text

ARMY | BCMR | CY1995 | 9508440C070209
Original file (9508440C070209.TXT) Auto-classification: Approved
2.  The applicant requests award of the Purple Heart.  He states he sustained a shrapnel wound to his right forearm and wrist on 19 December 1944 and was captured by enemy forces four days later.

3.  Records available to the Board indicate the applicant entered active duty on 27 November 1942 and arrived in the European Theater of Operations on 18 October 1943.  According to documents maintained by the Army’s POW/MIA office the applicant was a POW from 23 December 1944 until 
6 May 1945.  He was awarded the Combat Infantryman Badge and participated in five designated campaign periods while in the overseas theater of operations.

5.  On 18 June 1945 the applicant returned to the United States and in October 1945 underwent a physical examination in preparation for separation.  Although the separation physical makes no mention of any shrapnel wounds to the applicant’s right forearm or wrist it does note that he sustained severe frostbite to his feet in December 1944 resulting in scarring on his toes.

6.  Subsequent to his separation he was awarded the Bronze Star Medal based on his Combat Infantryman Badge.

7.  While Army Regulations currently prohibit award of the Purple Heart for frostbite injuries, 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 fact 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.

CONCLUSIONS:

1.  While there is no evidence to support the applicant’s contention that he sustained a shrapnel wound during World War II, the evidence does confirm he sustained severe frostbite injuries to his feet in December 1944.

2.  The fact that the injury occurred during the same period the applicant was captured by enemy forces supports the conclusion that the injury occurred “while actually engaged in combat” and as such should be awarded the Purple Heart.

3.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the Purple Heart for injuries sustained to his feet in December 1944.

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

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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