MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  28 September 2000
	DOCKET NUMBER:  AR2000039571

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. Ernest M. Willcher		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 as a result of cold injuries incurred at the Battle of the Bulge.

APPLICANT STATES:  That he believes that there is a change to Army Regulation 600-8-22 (Military Awards) that would allow award of the Purple Heart to him for his cold injuries.

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

That he was inducted into the Army of the United States on 21 December 1942.  From 5 June 1944 through 14 December 1945, he was assigned in Europe.  He was a Private First Class general clerk in Company A, 703 Tank Destroyer Battalion.  A medical record from the 116th General Hospital, dated 15 January 1945 states, Trench foot, both feet, moderate, incurred as result of exposure to wetness & cold during week of 31 December 1944 while in action in (Verviers) Belgium.”  He was returned to duty on 10 March 1945.  He returned to the United States on 27 December 1945 and was honorably discharged on 4 January 1946 by reason of demobilization.

According to Army Regulation 600-45, Decorations, 2 May 1945, a Purple Heart is awarded to soldiers who are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided the wound necessitates treatment by a medical officer.  For the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outsides force, "element", or injury sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.  The word "element" refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  This authorization remained in effect until 23 August 1951 after which a wound by frostbite was not authorized for award of the Purple Heart.  However, according to the regulation, trench foot is not considered as meriting the Purple Heart.  The current Military Awards Army Regulation 
600-8-22, prohibits award of the Purple Heart for 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.  According to Army Regulation, the Purple Heart is not authorized for trench foot or cold 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

__ro___  ___dh___  ___ew___  DENY APPLICATION

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

INDEX

CASE ID	AR2000039571	
SUFFIX		
RECON		
DATE BOARDED	20000928	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.107.0015	Purple Heart	
2.		
3.		
4.		
5.		
6.