RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 28 June 2007
DOCKET NUMBER: AR20060010128
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.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of the Boards denial of his request for the Purple Heart.
2. The applicant recounts the events which led to his frostbitten feet, emphasizes that he was an infantryman assigned to an infantry unit during the Korean War, and argues that frostbitten feet while in combat met the criteria for award of the Purple Heart. He explains that he needs the Purple Heart in order to be awarded Combat Related Special Compensation (CRSC).
3. The applicant provides his Department of Veterans Affairs (VA) rating decision in which he was awarded a zero percent rating for a foot condition which the applicant identifies as frozen feet; the denial of his CRSC application; and the Boards previous denial of his request.
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 AR20050012305, on 9 May 2006.
2. Frostbite is distinguishable by the hard, pale, and cold quality of the skin that has been exposed to the cold for a length of time. The area is likely to lack sensitivity to touch, although there may be an aching pain. As the area thaws, the flesh becomes red and very painful. Any part of the body may be affected by frostbite; but hands, feet, nose and ears are the most vulnerable. If only the skin and underlying tissues are damaged, recovery may be complete. However, if blood vessels are affected, the damage is permanent and gangrene can follow which may require amputation of the affected part. (MEDLINE PLUS)
3. Army Regulation 600-45 dated 22 September 1943, Change 6, paragraph 16, states that for the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy. The word element as used in this definition refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.
DISCUSSION AND CONCLUSIONS:
1. The applicants records show that while he was assigned to an infantry unit in Korea, he was hospitalized for frostbite to his foot. He was treated for the frostbitten foot, which was classified as a non-battle morbidity, and returned to duty.
2. In order to qualify for a Purple Heart, the applicant would have to show that he was actually engaged with the enemy when he was frostbitten, and that it was a severe case of frostbite.
3. Other than the applicants account of the events which occurred when he was frostbitten, there is no evidence that he was actually engaged with the enemy at that time. As for the severity of his frostbite, the applicant was returned to duty and completed a military career.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___jtm___ ____dac_ ___wfc__ 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 AR20050012305, on 9 May 2006.
________John T. Meixell________
CHAIRPERSON
INDEX
CASE ID
AR20060010128
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070628
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.
2.
3.
4.
5.
6.
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ARMY | BCMR | CY2003 | 03098228C070212
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ARMY | BCMR | CY2008 | 20080001239
To this day he suffers from cold feet trying to sleep, even while wearing socks or an extra blanket over his feet. The applicant provided an information paper on frostbite which stated that frostbite can be a serious condition. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to amend his WD AGO Form 53-98 to add the POW Medal and to show he is eligible to wear two bronze service stars on his already-awarded...
ARMY | BCMR | CY2004 | 20040007074C070208
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AF | BCMR | CY2010 | BC-2010-001152
The PH is awarded for wounds received as a direct result of enemy actions (e.g., gunshot or shrapnel wounds, hand-to-hand combat wounds, forced aircraft bailout injuries, etc.). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to APPLICANT, be corrected to show that on 1 September 1945, he was awarded the Purple Heart for wounds incurred on a forced march while being held...
ARMY | BCMR | CY2002 | 2002073332C070403
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ARMY | BCMR | CY2005 | 20050006992C070206
The applicant's separation medical examination stated that the applicant sustained trench foot to both feet which bothered him since December of 1944. The evidence in this case indicates that the applicant sustained cold weather injuries to both feet diagnosed by military medical authorities as "trench foot." Evidence of record shows that the applicant was diagnosed by medical authorities at the time of his separation and subsequently by DVA medical authorities with residuals of "trench foot."
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 | 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...
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According to Army Regulations, American military personnel who participated in the march were awarded the Purple Heart for wounds (frostbite - while in captivity). _________________________________________________________________ THE BOARD RECOMMENDS THAT: The pertinent military records of the Department of the Air Force relating to SERVICEMEMBER, be corrected to show that on 23 October 1980, he was awarded the Purple Heart Medal for wounds to his hands and feet due to frostbite incurred on...