MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 July 1999                    
	DOCKET NUMBER:   AR1998013917

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. James M. Alward		Member	
	Mr. Robert G. Hinkle		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be awarded the Purple Heart.

APPLICANT STATES:  That he suffered frozen feet during the Battle of the Bulge.  No supporting documentation is provided.

EVIDENCE OF RECORD:  The applicant's military records were partially lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources. 

The applicant enlisted in the Regular Army on 21 November 1942 and entered active duty on 26 May 1943.  He arrived in the European Theater of Operations on 16 September 1944 where he served as a cannoneer.  He departed the Theater on 15 January 1946 and separated from the Army on 5 February 1946.

The available service medical records begin with an entry on 23 October 1945.  VA medical records are not available.

In May 1997, the applicant submitted a claim to the VA.  On the form he stated that during the Battle of the Bulge his feet were frozen.  He was treated by medics and then put in the hospital for treatment and was the sent back to his outfit.  To the present his feet are cold, even on a cool summer day.

Army Regulation 600-45, then in effect, provided, in pertinent part, 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.” 

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 regulation in effect at the time provided for the award of the Purple Heart for frostbite injuries incurred while engaged in combat, the stipulation is that the frostbite be severe.  The applicant’s service medical records for that period are not available and he has not provided any other record of medical treatment for those injuries.  However, the applicant himself stated in 1997 that his feet were frozen, he was hospitalized for treatment, then he was sent back to his unit.  The only consequence of the frostbite injury today is that his feet are cold.  There is no evidence that he lost any parts of his body or the use of any parts of his body as a result of frostbite.  Therefore, the Board concludes that his injuries did not meet the stipulation of “severe.”  He also would not be qualified for the Purple Heart under current standards regarding frostbite injuries.

2.  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

__cwb___  __jma___  __rgh___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013917	
SUFFIX		
RECON		
DATE BOARDED	19990721	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.