MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:            15 December 1999
DOCKET NUMBER:   AR1998014038

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Mark D. Manning		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: Reconsideration of his application to correct his records by awarding him the Purple Heart.

APPLICANT STATES:  In effect, that he sustained frostbite of his feet while serving in Korea in February 1951.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 21 January 1998 (COPY ATTACHED).

The applicant submits a copy of a treatment record showing treatment for mild bilateral frostbite. This document was not available to the Board previously; this constitutes new evidence that requires Board review.

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.  As noted in the prior Board review, only sever frostbite injuries that occurred prior to 23 August 1951 were eligible for the Purple Heart.  The applicant was diagnosed as having mild frostbite.  This does not meet the requirements for award of the Purple Heart.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision

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

__tnk___  __eb____  __mdm___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014038	
SUFFIX		
RECON	 	
DATE BOARDED	19991215	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.