MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             22 August 2000                  
	DOCKET NUMBER:     AR2000035781

	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. Carl W. S. Chun		Director	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms.  Margaret V. Thompson 		Member	
	Mr. Kenneth W. Lapin		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 his military records be corrected to show he was awarded the Purple Heart.

APPLICANT STATES:  That he should be awarded the Purple Heart for cold weather injuries.  He states that on 21 October 1998 he received a rating from the Veterans Administration for service connected cold injuries.  The applicant provides no information concerning the circumstances related to the injury.  

In support of his application he submits a copy of WD AGO 53-55 (separation document). 

Also submitted is a Department of Veterans Affairs Rating Decision.  An examiner determined that the injuries present on the applicant’s feet are consistent with cold exposure.  A decision was made in the applicant’s favor even though his service record did not corroborate his statements.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was derived from a document provided by the applicant.

The WD AGO 53-55 reflects that the applicant was inducted on 31 March 1943, his military occupation was truck driver light, and he was honorably discharged on 12 March 1946.  The WD AGO 53-55 does not show any entry in item 34 (Wounds In Action).

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 1951 Army Regulation     600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the face of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.

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.  There is no medical evidence, nor does the applicant provide any, which supports his contention that he sustained severe frostbite during combat action while in WWII or that he was wounded as a result of hostile action. 

2.  The DVA granting of benefits based only on the applicant’s statement is insufficient to fulfill the regulatory requirements of receipt of treatment by a medical officer, and that the treatment is a matter of official record.

3.  The applicant severely hindered his claim by waiting 54 years to request award of the Purple Heart.  The lengthy time period has contributed to the inability to obtain verifying medical records.  The unknown whereabouts and/or the passing of his former leaders and eyewitnesses, prevents the verification of the applicant’s scenario of events.  Therefore, his request must be denied.

4.  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

__ew____  __mvt___  ___kwl __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035781	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.