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 applicants 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
ARMY | BCMR | CY1997 | 199709700
EVIDENCE OF RECORD : The applicant's military records show:On 9 April 1943, he enlisted in the Regular Army. 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...
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 | 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.
ARMY | BCMR | CY2011 | 20110004573
Application for correction of military records (with supporting documents provided, if any). The applicants military records are not available to the Board for review. There is no evidence of record which shows the applicant was diagnosed with severe frostbite.
ARMY | BCMR | CY2001 | 2001056855C070420
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The available records...
AF | BCMR | CY2009 | BC-2008-03987
In accordance with Army Regulation (AR) 600-45, Decorations, dated 22 September 1943, during the period in question, the PH was awarded for wounds received in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer. In this regard, we note that in addition to authorizing entitlement to the PH to those individuals who are severely frostbitten while actually engaged in combat against...
ARMY | BCMR | CY2009 | 20090001073
The applicant requests correction of his military records to show award of the Purple Heart. There is no evidence in the documents the applicant provided that show he was treated for cold injuries. The applicants claim of entitlement to award of the Purple Heart for cold weather injuries he received while in the ETO was carefully considered.
ARMY | BCMR | CY2009 | 20090011580
Application for correction of military records (with supporting documents provided, if any). The applicant's military records are not available to the Board for review. The WD AGO Form 38, dated 27 November 1945, is the only available evidence of record that discusses the applicants medical condition at the time.
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 | CY2012 | 20120006206
The applicant's military records are not available to the Board for review. The available medical records show that the applicant was diagnosed with trench foot at the time in question by competent military medical authorities. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to show the Purple Heart.