APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that he received frostbite injuries while he was a prisoner of war (POW).

EVIDENCE OF RECORD:  The applicant’s military records are not available.  Information herein was obtained from alternate sources.

The applicant was captured by the Germans during the Battle of the Bulge on or about 21 December 1944.  The applicant first experienced frostbite injuries in his extremities in January 1945.  In March 1945, he and other POWs were kept constantly on the march between the advancing Russian and Western Allied lines.  He was liberated by Russian troops on or about 14 May 1945.  His separation physical on 27 October 1945 notes frostbite injuries to his feet.  On   5 November 1993, the V gave him a 10 percent disability rating for service connection frostbite of the hands.

Army Regulation 600-45, then in effect,  provided, in pertinent pat, for the award of the Purple Heart to personnel severely frostbitten while actually engaged in combat.

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 National Defense Authorization Act for Fiscal Year 1996 authorized the award of the Purple Heart to persons wounded while held as POWs before       25 April 1962.  The provision extends the current criteria for the Purple Heart to former POWs that were held prior to 25 April 1962 and suffered wounds or injuries at the hands of their captors.  (Previously, only those who became POWs after 25 April 1962 and were wounded while prisoners of foreign forces could be awarded the medal.)

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 the aforementioned requirement.
2.  while the injuries incurred by the applicant while he was a POW are unfortunate, they do not meet the criteria outlined in either the old or current regulations nor in the cited Authorization Act.

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          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Loren G. Harrell
						Director