Mr. Carl W. S. Chun | Director | |
Mr. Hubert S. Shaw, Jr. | Analyst |
Mr. Raymond V. O'Connor, Jr. | Chairperson | |
Ms. Gail J. Wire | Member | |
Mr. Robert J. Osborn | Member |
2. The applicant requests award of the Purple Heart.
3. The applicant states that he "froze [his] feet in the Battle of the Bulge (TRENCH FEET)." He further states that on 24 January 1945 he was taken to a hospital in Paris, then to a hospital in England, and was later reclassified and assigned to the 533rd Ordnance Heavy Maintenance Company. In support of his request, the applicant submitted a 19 July 1946 rating decision letter from the Veterans Administration in regard to his claim for disability pension based on trench foot, a copy of his WD AGO Form 100 (Separation Qualification Record), and a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).
4. The primary record available to the Board was the applicant's WD AGO Form 53-55. This document shows that the applicant was inducted on 1 April 1944. He served in the European-African-Middle Eastern Theater of Operations from 1 October 1944 through 20 May 1946. He was honorably separated from active duty on 2 June 1946.
5. Item 33 (Decorations and Citations) of the applicant's WD AGO Form 53-55 does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) contains the entry, "NONE."
6. The applicant provided a rating decision by the Veterans Administration, dated 19 July 1946, which states in part:
"Service connection is established for condition of your feet due to trench foot but the requirements for the minimum 10% rating are not met."
7. The Board noted that the applicant was awarded the Combat Infantryman Badge based on the entry in item 31 (Military Qualifications and Date). However, there is no evidence the applicant received the the Bronze Star Medal based on award of the Combat Infantryman Badge.
8. Army Regulation 600-8-22 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.
9. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award. Until 23 August 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 face 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.
10. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.
CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 does not show award of the Purple Heart or wounds sustained as a result of hostile action.
2. There is no evidence the applicant was wounded or injured as a result of hostile action or treated for wounds or injuries resulting from hostile action. There is no evidence of record which shows that the applicant was severely frostbitten while actually engaged in combat.
3. Evidence submitted by the applicant shows that he filed a disability compensation claim for "trench foot" with the Veterans Administration shortly after his separation from active duty. The Veterans Administration determined that this condition was service connected, but that it did not meet the minimum requirements for a 10% rating.
4. In view of the foregoing, there is insufficient evidence upon which to base award of the Purple Heart in this case.
5. The applicant was awarded the Combat Infantryman Badge during World War II; therefore, he is entitled to award of the Bronze Star Medal based on award of the Combat Infantryman Badge. As a result the applicant's records should be corrected to show award of the Bronze Star Medal based on award of the Combat Infantryman Badge.
6. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Bronze Star Medal based on award of the Combat Infantryman Badge.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__RJO__ __GJW__ __RVO___ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Mr. Raymond V. O'Connor, Jr._
CHAIRPERSON
CASE ID | AR2002078563 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20030213 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | GRANT |
REVIEW AUTHORITY | MR SCHNEIDER |
ISSUES 1. | 107.0014.0000 |
2. | |
3. | |
4. | |
5. | |
6. |
ARMY | BCMR | CY2003 | 2003085443C070212
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. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart. However, there is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was diagnosed with frostbite during World War II.
ARMY | BCMR | CY2002 | 2002071595C070402
The applicant states that he was hospitalized for “trench foot” during World War II and the current military awards regulation now awards the Purple Heart for this injury. A DA Form 1577 (Authorization for Issuance of Awards) shows the applicant has already received award of the Bronze Star Medal based on the Combat Infantryman Badge, but it has not been entered on his WD AGO Form 53-55. When the Korean War Service Medal is authorized by the Department of the Air Force, the applicant may...
ARMY | BCMR | CY2002 | 2002082244C070215
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. Also, the Board notes that the applicant's WD AGO Form 53-55 shows one bronze service star as an authorized award. Medical evidence of record shows the applicant was diagnosed with trench foot on 22 October 1944.
ARMY | BCMR | CY2006 | 20060011004
The applicant provides a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), with an effective date of 21 August 1945; Army of the United States Honorable Discharge Certificate, dated 21 August 1945; Disabled American Veterans, National Service Office, St. Petersburg, Florida, letter, dated 14 July 2006; and 4 pages of VISTA Electronic Medical Documentation, Progress Notes, printed on 26 January 2006. The applicant was awarded the Combat...
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.
ARMY | BCMR | CY2003 | 2003087353C070212
The Board considered the following evidence: 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. 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.
ARMY | BCMR | CY2002 | 2002073332C070403
There are no entries concerning trench feet or frostbite. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the POW Medal. The definitions and causes of trench foot and frostbite are very similar.
ARMY | BCMR | CY2002 | 2002072137C070403
A medical entry dated 5 November 1945 shows he had a history of frostbite in January 1945 and trench feet in April 1945. Army Regulation 600-8-22, dated 25 March 1995, in pertinent part, states: “(5) Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart are as follows: (a) Frostbite or trench foot injuries.” The evidence of record appears to indicate that the severity of the applicant’s cold weather injury was more the result of trench foot (normally not...
ARMY | BCMR | CY2014 | 20140016914
The applicant, the sister of a deceased former service member (FSM), requests correction of her late brother's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show award of the Purple Heart, American Campaign Medal, and Army of Occupation Medal with Germany Clasp. Therefore, he is authorized award of the Army of Occupation Medal with Germany Clasp and his WD AGO Form 53-55 should be corrected to show this award. As a result, the Board recommends that...
ARMY | BCMR | CY2002 | 2002072391C070403
The applicant states that his discharge paper does not reflect award of the Purple Heart that he received in France. Paragraph 2-8b(5)(a) of this regulation states, in part, that “Frostbite or trench foot injuries” do not “qualify for award of the Purple Heart.” It is noted that the applicant was hospitalized for 55 days for a cold weather injury, and the Board did consider the possibility that the applicant had suffered a frostbite injury, which would entitle him to the Purple Heart.