APPLICANT REQUESTS: In his 20 June 1994 application that his military records to reflect award of the Purple Heart.
APPLICANT STATES: He was injured in Italy and those injuries worsened while [he] was a POW.
EVIDENCE OF RECORDS: The applicants military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was reconstructed from documents provided by the applicant and information contained in his VA medical files.
He entered active duty on 21 April 1943 and arrived in the overseas area of operations in October 1943 where he served as an infantryman with the 1st Ranger Battalion. He was captured at Cisterna De Lolloria, Italy in February 1944 and returned to military control in May 1945 (he was awarded the POW Medal in 1988). He returned to the United States in May 1945 and on 21 November 1945 was released from active duty.
A separation physical examination, conducted on 20 November 1945 makes no mention of medical treatment prior to or following his captivity. His separation report, which he authenticated, does not list the Purple Heart as an authorized award and item 34 (wounds received in action) reflects NONE.
Subsequent to his separation from active duty he applied for VA compensation for frozen hands and feet, which he indicated he sustained prior to his captivity and which worsened while he was a POW. His initial VA claim (June 1985) notes the applicant reported that while there were some difficulties during his period of captivity he was generally treated quite well, had enough to eat and was not injured in any significant way that he can remember.... While the VA initially denied compensation for frostbite, by 30 November 1994 they had granted him a 10 percent disability rating for frostbite and peripheral neuropathy of the right hand and foot in addition to a 30 percent rating for PTSD. Both ratings were retroactive to 23 June 1994.
Army Regulation 600-8-22 states that the Purple Heart is authorized for wounds sustained as a result of hostile action while directly engaged with enemy forces or at the hands of captors while in a POW status. A wound is defined as an injury to any part of the body from an outside force or agent sustained under the above conditions. A physical lesion is not required, however, the wound for which the award is made must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record. Specific examples of injuries or wounds which clearly do not currently do not qualify for award of the Purple Heart are as follows frostbite or trench foot, 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, self-inflicted wounds, post traumatic stress disorders and jump injuries not caused by enemy action. For a brief period during WWII the Purple Heart was awarded for frostbite injuries incurred while on direct combat mission.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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, and the applicant admits, that he was not injured at the hands of his captors while in a POW status nor is there any evidence he was treated by a medical officer for frostbite prior to, or following his captivity.
3. In the absence of more compelling evidence, the fact that the VA, nearly 50 years after the fact, elected to grant disability compensation for frostbite is not a basis to award the Purple Heart.
4. In view of the foregoing, there is no basis for granting the applicants 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
ARMY | BCMR | CY2010 | 20100028691
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation) * DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty)) * U.S. Air Force (USAF) WD AGO Form 53 and DD Form 214(Report of Separation from the Armed Forces of the United States) * VA Form 8-1520 (Decision of Disability Insurance Claims) * Two Internet printouts of POW Roster * Self-authored POW timelines * Letter from FSM son to his Member of Congress * Statement from...
ARMY | BCMR | CY2009 | 20090002749
Most notable is the fact that the information used by the VA for awarding the applicant service connection for several conditions was taken from the applicant's Army service medical records. The Board's previous decisional documents state that the wound for which the applicant received the Purple Heart could not be determined. At the time of his separation from the service the Purple Heart was not authorized for any wounds or injuries a Soldier sustained while held as a POW.
AF | BCMR | CY2006 | BC-2006-00014
According to Army Regulations, American military personnel who participated in the march were awarded the Purple Heart for wounds (frostbite - while in captivity). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to SERVICEMEMBER, be corrected to show that on 23 October 1980, he was awarded the Purple Heart Medal for wounds to his hands and feet due to frostbite incurred on...
ARMY | BCMR | CY2001 | 2001053140C070420
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. Executive Order 11016, dated 25 April 1962, provided more latitude with respect to award of the Purple Heart to prisoners of war, as well as the authority to award the decoration to wounded soldiers even in the absence of a formal declaration of war. The applicant was awarded the Prisoner of War Medal; therefore, he is...
ARMY | BCMR | CY2008 | 20080001239
To this day he suffers from cold feet trying to sleep, even while wearing socks or an extra blanket over his feet. The applicant provided an information paper on frostbite which stated that frostbite can be a serious condition. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to amend his WD AGO Form 53-98 to add the POW Medal and to show he is eligible to wear two bronze service stars on his already-awarded...
ARMY | BCMR | CY2008 | 20080003327
Application for correction of military records (with supporting documents provided, if any). Item 33 (Decorations and Awards) of the applicants WD AGO 53-55, dated 9 December 1945, shows the applicant was awarded a Purple Heart for injuries received during his tour of duty. The evidence of record shows the applicant received a Purple Heart for wounds received in action in the ETO during his tour of duty.
ARMY | BCMR | CY2013 | 20130001099
The FSM's military service records are not available to the Board for review. There is no evidence in the available military service records that shows the FSM was awarded the Purple Heart. The applicant contends that the FSM's records should be corrected to show award of the Purple Heart because he was a POW during World War II and he suffered injuries while in captivity.
ARMY | BCMR | CY2007 | 20070004214
The counsel argues that the applicant's previous case referred to the three-year statute of limitation for correction of his records. While the applicant's records only indicate treatment for malnutrition surely the Department of Veterans Affairs (DVA) does not award 100 percent disability without overwhelming evidence to support the claim. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for...
ARMY | BCMR | CY2011 | 20110021510
His reconstructed record shows he was held as a prisoner of war (POW) from 19 December 1944 to on or about 8 January 1945. There is no evidence in the reconstructed records that shows the applicant was awarded the Purple Heart or was wounded as a result of hostile action during World War II. In the absence of evidence that shows he was wounded/injured as a result of enemy action or while a POW, and treated for those wounds, there is insufficient evidence upon which to base award of the...
ARMY | BCMR | CY2011 | 20110024803
The applicants military records are not available to the Board for review. There is no evidence in the available record that shows the applicant was wounded as a result of hostile action during World War II. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Combat Infantryman Badge effective 30 April 1945; b. awarding him the Bronze Star Medal (based on award of the Combat Infantryman Badge); and c....