RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060009881 


	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.


X

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration of his request to be awarded the Purple Heart (PH).

2.  The applicant states, in effect, that his service medical records show he received treatment for a cold weather injury to his feet during the taking of
WY, Belgium.  He claims these medical treatment records were not considered by the Army Board for Corrections of Military Records (ABCMR) during its original review of his case, and he asks for reconsideration of his request for the PH based on these medical documents.  

3.  The applicant provides medical treatments records in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2003097767, on 
1 July 2004.

2.  The applicant's WD AGO Form 53-55 shows that he was inducted into the Army of the United States and entered active duty on 19 November 1943.  This document also shows that his organization was the 1112th Army Postal Unit, and that he served in the European Theater of Operations (ETO) from 1 November 1944 through 13 April 1946.  It further shows that he was credited with participating in the Ardennes campaign and he earned the Combat Infantryman Badge, European-African-Middle Eastern Campaign Medal with 1 bronze service star, Army Good Conduct Medal, World War II Victory Medal, and Army of Occupational Medal with Germany Clasp.  Item 34 (Wounds Received in Action) contains the entry "None", and the applicant authenticated this document with his signature on the date of his separation, which was 2 May 1946.  

3.  During its original review of the applicant's case, the Board found insufficient evidence to support award of the PH based on the applicant's cold weather injury, or that this injury raised to the level of "frostbite", which was required to support award of the PH. 


4.  In support of his reconsideration request, the applicant provides medical slips confirming he was treated for trench foot between 30 December 1944 and 4 January 1945.  A Clinical Record Brief, dated 4 January 1945, indicates the final diagnosis on the applicant was "trench foot bilateral moderate."  It also indicates the applicant received the injury due to exposure to cold and wet in Belgium about 30 December 1944.  

5.  The applicant also provides a copy of a Department of Veterans Affairs (VA) Rating Decision, dated 5 January 2006, which shows he was granted 50% disability rating for a Post Traumatic Stress Disorder, 20% for residuals of cold weather injury to right and left lower extremity (trench feet), and 10% for Polyneuropathy left and right lower extremity associated with residuals of cold injury (trench feet).  This document provides no information related to leg burns, or that military medical records indicated the injuries for which he was rated were combat related.   

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-8 contains the regulatory guidance pertaining to awarding the PH.  It states, in pertinent part, that the PH is awarded to any member of an Armed Forces who, while serving in any capacity with one of the Armed Services after 5 April 1917, has been wounded or killed as a result of hostile action by an enemy.  A wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of enemy action.  Paragraph 2-8b (5) provides examples of injuries or wounds which clearly do not qualify for award of the PH.  Frostbite and trench foot injuries are included in this list.  

7.  Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the PH, 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.  While award of the PH for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  


8.  Army historical documents discussing award of the PH for frostbite injuries during World War II made clear numerous specific points, which included that the term “element” (included from the beginning) meant weather.   Both policy and enforcement varied from time to time and place to place, and were not consistently applied even in adjacent major European commands.  The regulation normally authorized the PH for frostbite while in combat, but excluded the award for trench foot while in combat.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's reconsideration request and the supporting medical treatment records he provided were carefully considered.  However, by regulation in order to support award of the PH there must be evidence confirming that the wound for which the award is being made was received as a result of enemy action that the wound was treated by military medical personnel, and a record of this treatment must have been made a matter of official record.  

2.  The available evidence includes the applicant's WD AGO Form 53-55, which contains the entry "None" in Item 34, which indicates he was never wounded in action.  The PH is not included in the list of awards contained in Item 33, and the applicant authenticated this document with his signature on the date of his separation from active duty.  In effect, his signature was his verification that the information contained on the separation document, to include the Item 33 and Item 34 entries, was correct at the time the document was prepared and issue.  

3.  The medical documents provided by the applicant were carefully considered.  However, while these documents show he suffered from a cold weather injury (trench foot) due to exposure to cold and wet in Belgium in December 1944, they fail to confirm his injuries were received as a result of enemy action.  Further, during World War II, Army policy authorized award of the PH for frostbite while in combat, but excluded award of the PH for trench foot while in combat.  

4.  The veracity of the applicant’s claim of entitlement to the PH is not in question.  However, absent any corroborating evidence confirming he received a wound/injury as a direct result of, or that was caused by enemy action, the regulatory burden of proof necessary to support award of the PH has still not been satisfied in this case.  

5.  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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X _  _X__  __X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2003097767, dated 1 July 2004.




_____X________
          CHAIRPERSON




INDEX

CASE ID
AR20060009881
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/02/13
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
1946/05/02
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.

2.

3.

4.

5.

6.