BOARD DATE:	  7 April 2011

		DOCKET NUMBER:  AR20100024667 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that he be awarded a second award of the Purple Heart (PH) for frozen feet or trench foot that he received during the Battle of the Bulge in Belgium in December 1944.

2.  The applicant states he was hospitalized and treated for trench foot that he received during the Battle of the Bulge in Belgium in December 1944 and he believes he should have received the Purple Heart.  He further states that he was awarded a Purple Heart later on during the drive to Berlin when his tank was knocked out and his ear drums were damaged; however, he believes he should have received a Purple Heart for his frozen feet.  He goes on to state that he was unaware he should have received a Purple Heart until he began receiving compensation from the Department of Veterans Affairs (VA) when his condition worsened in 2000.

3.  The applicant provides a copy of:

* His Adjustment to Previous Combat Related Special Compensation (CRSC) Decision from the Physical Disability Agency
* His VA Rating Decision
* A one-page letter explaining his application





CONSIDERATION OF EVIDENCE:

1.  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.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 2 July 1942, the applicant enlisted in the Regular Army and was commissioned a second lieutenant upon graduation from Armor Officer Candidate School on 2 September 1943.

3.  He departed for the European Theater of Operations (ETO) on 1 November 1944.  He arrived in the ETO on 9 November 1944 and was assigned to Company G, 67th Armored Division on 25 November 1944.

4.  On 19 January 1945, the applicant was admitted to the 48th Armored Medical Battalion for treatment of his feet due to trench foot (second stage moderate/severe).  He was returned to duty on 2 February 1945.

5.  On 16 March 1945, he was admitted to the 48th Medical Battalion for 1st and 2d degree burns to the left cheek, left eye, and a rupture of the tympanic membrane that was incurred in action due to an enemy shell burst that hit his tank on 2 March 1945.  He was awarded the Purple Heart in General Orders Number 17 issued by the 2d Armored Division on 7 March 1945.

6.  The applicant returned to duty and was promoted to the rank of first lieutenant on 16 May 1945.  He participated in the Ardennes, Rhineland and Central Europe campaigns and departed the ETO on 20 January 1946 for assignment to Fort Sam Houston, Texas.

7.  On 3 May 1946, he was honorably released from active duty and transferred to the United States Army Reserve (USAR).  He was awarded the Purple Heart, European-African-Middle Eastern Campaign Medal with five bronze service stars, American Theater Campaign Medal, and World War II Victory Medal.

8.  He continued to serve in the USAR until he was placed on the Army of the United States Retired List in the rank of lieutenant colonel on 29 January 1983.

9.  Army Regulation 600-45, in effect at the time, provided in pertinent part, that the Purple Heart was awarded for a wound sustained as a result of hostile action.  A wound was described 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.  In connection with the definition of "wound" the word "element" referred to weather and permitted award to personnel severely frostbitten while engaged in combat.  Trench foot was not considered as meriting the award.

10.  Army Regulation 600-8-22, currently in effect, provides that an example of injuries or wounds that clearly do not qualify for award of the Purple Heart is frostbite or trench foot injuries. 

DISCUSSION AND CONCLUSIONS:

The available evidence does show the applicant was hospitalized and treated for trench foot; however, the regulation in effect at the time and the regulation that is currently in effect does not authorize award of the Purple Heart for trench foot.  Therefore, award of an additional Purple Heart is not authorized. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x__  ___x_____  ___x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 for correction of the records of the individual concerned.



2.  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.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   x_______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024667



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ABCMR Record of Proceedings (cont)                                         AR20100024667



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