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Decision Text

ARMY | BCMR | CY1996 | 9608883C070209
Original file (9608883C070209.txt) Auto-classification: Denied
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 applicant’s 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 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

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