MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 December 1998
	DOCKET NUMBER:   AC98-12147

	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	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Roger W. Able		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, in effect, his disability pension be reestablished and that he receive a Purple Heart for trench foot incurred during World War II.

APPLICANT STATES:  That his disability, trench foot, was unavoidable.  He lived in a foxhole for 5 weeks, under enemy surveillance and constant artillery and small arms fire, and was unable to leave his foxhole.  The weather was cold and the foxhole had water in it 2 feet deep.  He had no change of shoes or socks causing trench foot.  He received disability pay for 3-10 years after being discharged.  His feet have never been the same.  He believes an injustice was done in canceling his disability pension.

EVIDENCE OF RECORD:  The applicant's military records show:

That he was inducted into the Regular Army on 17 September 1943 and was trained as a infantry rifleman.  He served in the European Theater from 
7 September 1944 to 21 February 1945.  He incurred trench foot injury in France in November 1944.  He was evacuated through medical channels arriving back in the United States on 27 February 1945.  He was treated at medical facilities in the United States and discharged on 6 July 1945 from the Camp Butner Convalescent Hospital, North Carolina, for disability due to his trench foot.  His records do not contain any note of any wound or injury caused by combat with the enemy.  He was awarded the Combat Infantryman Badge and the European African Middle Eastern Campaign Medal.  In 1955, he was also awarded the Bonze Star Medal, Good Conduct Medal, American Campaign Medal, and the WWII Victory Medal.  He was discharged as a Private First Class with total service time of 1 year 3 months 16 days.

Prior to 1 October 1949, on which date the Career Compensation Act Public Law 351 became effective, there was no provision of law whereby an enlisted man with less than 20 years service could be discharged with any physical disability compensation from the Army.  Under law existing at that time, compensation for service-connected disabilities was provided entirely under the jurisdiction of the Veterans Administration (VA).

Award of the Purple Heart, according to AR 600-8-22, is made to soldiers wounded, injured, or killed from an outside force or agent as a result of an action against an enemy or an act of any such enemy.  Wounds or injuries as a result of accidents, to include explosive, aircraft, vehicular and other accidental wounds not caused by enemy action do not qualify for award of the Purple Heart.  Trench foot does not qualify for award of the Purple Heart.

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.  The cancellation of the disability pension referred to by the applicant is a VA matter and not within the purview of this Board or the Army.  The applicant should address this issue to the VA.

2.  Trench foot does not qualify for award of the Purple Heart.

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

__JNS___  _EW_____  __RWA_  DENY APPLICATION

					Paul A. Petty                       
						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-12147	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1998 December 3	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.107.00		
2.108.00		
3.		
4.		
5.		
6.