MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 August 2001                   
	DOCKET NUMBER:   AR2001059684

	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. John N. Slone		Chairperson	
	Mr. Richard T. Dunbar		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 and his buddy were hit by shrapnel sometime in 1944, his buddy in the chest and him in the bridge of his nose.  He was patched up and returned to the front lines.  He was later hospitalized for frostbite and trench foot.  He provides as supporting evidence two letters from his buddy.

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 on 21 September 1942 and entered active duty on 5 October 1942.  He arrived in the European Theater of Operations on 7 July 1944. 

Available medical documents indicate that the applicant had first complained of what was later diagnosed as trench foot on 9 November 1944.  He was hospitalized on 14 November 1944.  An undated document that recorded his pertinent history, chief complaint, and condition on admission noted that a complete physical examination was negative except for his trench foot.  No injury or scar to the bridge of his nose was noted.  He departed the theater on            10 February 1945, still in a medical status.  During his hospitalization for trench foot he was diagnosed with anxiety state, moderately severe.  He was separated with a certificate of disability on 30 June 1945 apparently due to his anxiety state. His Report of Separation, WD AGO Form 53-55, item 34, does not show that he received wounds in action. 

On 12 November 1975, the applicant requested the Purple Heart.  He stated that in September of 1944 an artillery shell caused shrapnel wounds in the bridge of his nose and to the back or chest of his buddy.  He stated that he carried his buddy to the aid station where they treated and bandaged his (the applicant’s) forehead.  He later heard that the aid station where he was treated was overrun by the Germans.  

In 1986, the applicant’s buddy provided letters supporting the applicant’s request for the Purple Heart.  In his letters, his buddy stated that in late November or early December 1944 the applicant was hit by shrapnel in the bridge of his nose. He remembered the time because it was about the same time he was wounded.  

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound 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.  It also states, in pertinent part,  “(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 statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment. 

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 Board is cognizant of the applicant’s service to his country during World War II; however, the evidence provided is insufficient to verify his eligibility for award of the Purple Heart.

2.  The applicant’s trench foot injuries do not meet the eligibility criteria for award of the Purple Heart.  It appears that the shrapnel wound in the bridge of his nose was severe enough to require a bandage to his forehead, yet two months later no mention was made of an injury to or scar on his nose.  The time frame mentioned in his buddy’s letters do not fit the time frame mentioned by the applicant and is not supported by the available medical documents.

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

__jns___  __rtd___  __dph___  DENY APPLICATION

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

INDEX

CASE ID	AR2001059684	
SUFFIX		
RECON		
DATE BOARDED	20010828	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.