| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Walter T. Morrison | Chairperson | |
| Mr. Ronald E. Blakely | Member | |
| Mr. Joe R. Schroeder | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he had “trench feet” during World War II and should be entitled to the Purple Heart. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation); Form 55 E-1 (Consultation Request and Report), dated 21 May 1945; and a medical record, dated 23 May 1945.
EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 27 October 1943. He served as a rifleman in the European Theater of Operations from 28 October 1944 until approximately
23 February 1945 and was honorably discharged by reason of physical disability on 21 July 1945.
The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “None”.
There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.
The available records contain information from the Hospital Admission Cards created by the Office of the Surgeon General, Department of the Army (1942-1945) which indicates the applicant was hospitalized and diagnosed with trench foot on 24 December 1944 in the European Theater of Operations.
The applicant provided a medical record, dated 23 May 1945, which shows the entry “Previous static complaint (Foot or Postural): Trench foot”.
Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record. The regulation also states that frostbite and trench foot injuries are examples of injuries or wounds which clearly do not qualify for award of the Purple Heart.
While award of the Purple Heart for frostbite injuries is currently prohibited, 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. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart.
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. Medical evidence of record shows the applicant was diagnosed with trench foot during World War II. However, the current governing regulation and the regulation in effect at the time, specifically state that trench foot injuries do not qualify for award of the Purple Heart. Therefore, the applicant is not entitled to award of the Purple Heart.
2. 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 this requirement.
3. 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
WTM___ REB_____ JRS_____ DENY APPLICATION
| CASE ID | AR2001057426 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010814 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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