MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            13 February 2001                  
	DOCKET NUMBER:    AR2000047846

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Harry B. Oberg		Member	
	Ms. Shirley L. Powell		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:  He believes that his service related disability pension from the Department of Veterans Affairs for frozen feet, incurred during WWII, should entitle him to the Purple Heart.  He also requests any additional medals he may be entitled to wear but was not issued.

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

He was inducted on 30 July 1943, was awarded the military occupational specialty of scout, served in the Ardennes, Rineland and Central Europe Campaigns, was hospitalized for 100 days beginning in December 1944 for trench foot, and was honorably released from active duty on 25 January 1946 as a result of demobilization after the termination of hostilities.  The WD AGO Form 53-55 (Enlisted Record and Report of Separation) issued upon his release from active duty shows that he was awarded the Combat Infantryman Badge (CIB), the American Theater Medal, the European-African-Middle Eastern Campaign Medal, the Good Conduct Medal, and the WWII Victory Medal.

The applicant remained active in the Reserves, later accepting a commission.  He completed the required years of creditable service for retired pay and was placed on the Retired List in the rank of major on 12 September 1985.

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.  Paragraph 2-8b(5) of this regulation states that “Examples of injuries or wounds which clearly do not qualify for award of the Purple Heart are . . . frostbite or trench foot injuries.”

The same regulation also provides, in pertinent part, that the Bronze Star Medal is to be awarded to individuals who were authorized the Combat Infantryman Badge or the Combat Medical Badge for service during World 
War II.

The awards regulation further provides, that the Army of Occupation Medal is awarded for service of 30 consecutive days at a normal post of duty while assigned to a qualifying location.  Personnel at a qualifying location as an inspector, courier, escort, temporary or detached duty are precluded from eligibility.  For Germany, service to qualify must have been between 9 May 1945 and 5 May 1955.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant suffered from trenchfoot while a scout participating in campaigns in Europe during WWII.

2.  Regrettably, trenchfoot is specifically mentioned as a condition, which does not warrant award of the Purple Heart.

3.  However, the applicant’s records do support the award of the Bronze Star Medal for Meritorious Service based on his award of the CIB, and the award of the Army of Occupation Medal for his service in occupied Germany.  The Army Review Boards Agency (ARBA) Support Division, St. Louis, will be asked to administratively issue these awards to the applicant.

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.

NOTE:  ARBA St. Louis is requested to issue the applicant the Bronze Star Medal and the Army of Occupation Medal, Germany.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___jh    __  ___hbo__  ___slp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000047846	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010213	
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.	107.00	
2.		
3.		
4.		
5.		
6.