| Mr. Carl W. S. Chun | Director | |
| Ms. Antoinette Farley | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Thomas D. Howard | Member | |
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: That he be awarded the Purple Heart.
APPLICANT STATES: In effect, that he should be awarded the Purple Heart because, in December 1943, he developed trench foot and spent a number of months in an Army General Hospital in Italy being treated and recuperating from his injuries. He further claims he still has problems because of his injury and should be issued a Purple Heart. In support of his case, he submits: two military medical records as evidence; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), dated 9 November 1945; a copy of WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 8 November 1945, which shows his condition as normal with no objective findings about his feet; and a copy of his Report of Physical Examination and Induction, dated 20 February 1943, page 3, Section IV, which shows him to be in good health with no defects and/or diseases.
EVIDENCE OF RECORD: The applicant's military records were not available. However, the information available to the Board is partially provided by the applicant or otherwise obtained from alternate sources.
The applicant was inducted into the Army of the United States on 20 February 1943 and entered active duty on 27 February 1943. He served as an infantryman in the European-African-Middle Eastern Theater of Operations (ETO) from 21 July 1943 to 22 October 1945 and returned to the United States for demobilization. He was honorably separated from active duty on 9 November 1945 in the rank of sergeant. He was credited with 2 years, 7 months and 14 days of active military service.
The applicant’s WD AGO Form 53-55 shows four campaigns (Naples-Foggia, Rome-Arno, North Apennines, and Po Valley) in Item 32 (Battles and Campaigns). In Item 33 (Decorations and Citations), it shows he was awarded the Bronze Star Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the World War II Victory Medal, the Combat Infantryman Badge, the Marksmanship Badge with Rifle Bar, and the World War II “Lapel Button”. It does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) shows “NONE.”
The applicant’s Clinical Record Brief, dated 11 December 1943, shows he was diagnosed with trench foot on 5 December 1943 at the 17th General Hospital, Italy.
Additional supporting medical documentation was obtained from the U.S. Army Surgeon General’s Office Hospitalization File listing for the periods 1942-
1945 and 1950-1954. It shows the applicant was diagnosed and treated for trench foot, a "cold injury, non-battle."
The listing shows no entries for treatment of wounds or combat-related injuries. No other diagnosis is listed. He was returned to duty in February 1944.
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. 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. Nevertheless, the policy in effect did not authorize the award of the Purple Heart to soldiers who sustained trench foot.
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 this requirement.
2. Available records, and the applicant's own statement, show that he was treated for trench foot a "non-battle cold injury." Regulatory guidance governing award of the Purple Heart specifically precludes awarding that medal for trench foot or frostbite injuries.
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 AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
__JNS___ ___TDH _ __TL __ DENY APPLICATION
| CASE ID | AR2002082756 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/07/22 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | A107.0015 |
| 2. | A144.0023 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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.
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 | 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 | 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 | CY2004 | 2004105559C070208
The applicant contends that his records should be corrected to show award of the Purple Heart. The applicant's WD AGO Form 53-55, which was authenticated in his own hand at the time of his separation from the Service, does not show the Purple Heart as an authorized award. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that, in addition to the awards already listed on his WD AGO Form 53-55, he was awarded the...
ARMY | BCMR | CY2002 | 2002072655C070403
The applicant requests correction of his records to show the second award of the Purple Heart and the Bronze Star Medal. In support of his application, he submits a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), his Honorable Discharge Certificate, a record of hospitalization, and a newspaper article. Therefore, he is entitled to correction of his records to show the Bronze Star Medal based on award of the Combat Infantryman Badge.
ARMY | BCMR | CY2009 | 20090004313
The WD AGO Form 100 shows the applicant, a staff sergeant, served as a platoon sergeant engaged in combat during the Southern France Campaign. Considerable discussion was undertaken during WW II on the issue of trench foot, immersion foot, and frostbite. However, since the awards regulation was never changed to allow award of the Purple Heart for trench foot, there is an insufficient basis to grant the applicant's requested relief.
ARMY | BCMR | CY2008 | 20080010397
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, that he be awarded the Purple Heart. However, there is no evidence, and the applicant has provided no evidence, to support his allegations.
ARMY | BCMR | CY2002 | 2002074831C070403
Information obtained from the OTSG files indicates that the applicant was diagnosed with trench foot and not frostbite and as such does not meet the criterion for award of the Purple Heart. In view of the foregoing, the applicant’s records should be corrected as recommended below. __ lf _____ ____ jns __ ___ reb __ GRANT AS STATED IN RECOMMENDATION
ARMY | BCMR | CY2009 | 20090001197
IN THE CASE OF: BOARD DATE: 31 MARCH 2009 DOCKET NUMBER: AR20090001197 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The VA Form P-80a, dated 20 June 1946, which was provided by the applicant with his application shows that he was awarded a 10% (percent) disability compensation pension for "Trench Feet." The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during World War II.