| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: Award of the Purple Heart based on a "cold weather injury - frostbite." In support of his request, he submits a July 2001 document from the VA indicating he was awarded disability compensation for residuals of frostbite on his feet.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center. Information contained herein was reconstructed from alternative sources, including information provided by the applicant.
He entered active duty on 15 March 1943. According to files maintained by the Office of The Surgeon General, commonly referred to as SGO files, the applicant was treated for frostbite at Fort Jackson, South Carolina in December 1943.
The applicant served in the European Theater of Operations between May 1944 and July 1945. He was honorably discharged on 16 October 1945. His WD AGO Form 53-55 (Enlisted Record and Report of Separation), which he authenticated, does not reflect entitlement to the Purple Heart and item 34 (wounds received in action) reflects "NONE."
Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.
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.
Although the applicant may have received treatment for frostbite, there is no indication the frostbite occurred while he was actually engaged in combat. There is no basis for an award of the Purple Heart.
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 16 October 1945, the date he was discharged from active duty and signed his report of separation. However, in view of the fact that the board was not established until 2 January 1947 the applicant’s 3 year period in which to file an application for correction of military records expired on
2 January 1950, 3 years from the date the Board was established.
The application is dated 27 July 2001 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law. Prior to reaching this determination the Board looked at the applicant's entire file. It was only after all aspects of his case had been considered and it had been concluded that there was no basis to recommend a correction of his record that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it would have recommended relief in spite of the applicant's failure to submit his application within the three-year time limit.
BOARD VOTE:
________ ________ ________ EXCUSE FAILURE TO TIMELY FILE
________ ________ ________ GRANT FORMAL HEARING
__AAO__ __LE____ __JTM __ CONCUR WITH DETERMINATION
| CASE ID | AR2001060833 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20011127 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 142.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2008 | 20080012292
Service medical records for the period 26 December 1944 through 25 January 1945 show the applicant was treated for frostbite of his feet. As a result the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Good Conduct Medal (first award) during the period from 13 February 1943 to 27 September 1945 and amending his DD Form 214 to add this award. While "severe" frostbite was a justification for award of the Purple...
ARMY | BCMR | CY2004 | 040003426C070208
The applicant’s military records are not available to the Board for review. With more severe frostbite, the skin may appear white and numb (tissue has started to freeze). Nevertheless, the case comes down to diagnosis and to the medical authorities that were present at the time and who would have had the authority to award the Purple Heart.
ARMY | BCMR | CY2003 | 03098228C070212
The Board considered the following evidence: Exhibit A - Application for correction of military records. With the exception of documents associated with the treatment of the applicant’s trench foot and medical processing, the applicant’s remaining military records, including a separation document, were not available to the Board for review. Nevertheless, the case comes down to diagnosis and the medical authorities who were present on the scene and had the authority to award the Purple Heart.
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 | 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 | CY2003 | 03096485C070212
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 02 MARCH 2004 DOCKET NUMBER: AR2003096485 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant’s military records are not available to the Board for review.
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 | CY2005 | 20050005281C070206
The applicant requests, in effect, correction to Item 30 (Military Occupational Specialty and Number) of his separation document (WD AGO 53- 55) and award of the Purple Heart (PH). It indicated, in effect, that after considering the regulatory guidance in effect at the time, and a 5 October 1944 recommendation of The Surgeon General that the PH be authorized for frostbite, immersion foot and trenchfoot of a specified degree of severity, and the conclusion that this was not practical, it...
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 | CY2004 | 2004100360C070208
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. There is no indication in the applicant's military service records available for review that he was wounded as the result of hostile action, nor has the applicant provided any proof that he suffered from severe frostbite. There is no evidence in the available military personnel records to support the applicant's contention that he should be awarded the Purple Heart.