MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000046924

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		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 had frozen feet in November 1944 and was hospitalized.  He has been receiving disability compensation for the condition ever since he was discharged.

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

The applicant was inducted into the Army and entered active service on 1 April 1944.  He arrived in the European Theater of Operations on 25 October 1944 and returned to the continental United States on 17 May 1946.  He was separated on 22 May 1946.

On 6 June 1946, the VA gave him a 10 percent disability rating for service connection frozen feet.

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.” 

The VA Schedule for Rating Disabilities (VASRD) is the standard under which percentage rating decisions are to be made for disabled military personnel.  The VASRD is primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service.  Percentage ratings are applied based on the severity of the condition.

The VASRD gives code 7122, residuals of frozen feet (immersion foot), a 10 percent rating when there are mild symptoms or chilblains either unilateral or bilateral.

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 regulation currently in effect states that frostbite or trench foot injuries clearly do not qualify for award of the Purple Heart.  The regulation in effect at the time required that the soldier be severely frostbitten while actually engaged in combat in order to qualify for award of the Purple Heart.  There is no evidence to show that the applicant incurred his injuries while engaged in combat.  Further, the Board notes that the applicant successfully continued his service in the Army until his discharge on 22 May 1946.  The Board notes that he was awarded disability compensation for frozen feet effective immediately after his discharge; however, the Board also notes that the disability was rated at the minimum level, indicating that he exhibited only mild symptoms.  The Board concludes from these facts that he was not severely frostbitten and thus his injuries would not qualify him for award of the Purple Heart even if incurred during actual combat.

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

__emw___  __amc___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046924	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.