MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            17 June 2003
	DOCKET NUMBER:   AR2003086414

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Hubert O. Fry		Member	
	Ms. Marla J. Troup		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:  In effect, that his medical records be corrected to reflect that he was unjustly diagnosed on 6 January 1945 for trench foot, when he had frostbite and that he be awarded the Purple Heart for his injury.

APPLICANT STATES:  In effect, that he suffered from frostbite during the Battle of the Bulge during World War II (WWII) and was diagnosed with trench foot.  He goes on to state that the Department of Veterans Affairs (VA) has reevaluated his diagnosis and has awarded him 20% disability for each foot, based on frostbite, not trench foot.  Accordingly, he desires to be awarded the Purple Heart for his injuries because the incorrect diagnosis denies him award of the Purple Heart and possible monetary entitlements.  In support of his application he submits a copy of his VA Rating Decision, a copy of his service record indicating that he had trench foot, copies of letters from a doctor who claims that at the time the term trench foot was a triage classification used to cover all types of exposure injuries, that there was confusion about the difference between the two injuries, that a dental officer was working in the aid station at the time and that the vast majority of injuries were in fact frostbite.  He also submits a copy of a letter from his platoon leader at the time who asserts that the applicant suffered from severe frostbite during the period of 3 through 7 January 1945, in continuous ground combat with no opportunity to change to dry clothing or get out of the elements.  He further submits a copy of a letter from his former radio operator who also asserts that the applicant suffered from frostbite.

EVIDENCE OF RECORD:  The applicant's military records, though somewhat incomplete during the period in question, show:

He enlisted in Atlanta, Georgia, on 3 July 1942 for the duration of the war plus 6 months.  He served in the European Theater of Operations during WWII and was honorably discharged in the rank of first sergeant on 11 November 1945.

He again enlisted on 20 November 1945 and was subsequently appointed as a warrant officer one.  He was subsequently commissioned as a second lieutenant and continued to serve until he was retired in the rank of colonel on 30 September 1977.  He had served 35 years, 2 months and 20 days of total active service.  He served tours in Korea, Germany, Vietnam and Hawaii after WWII. 

The documents submitted by the applicant show that on 6 January 1945, while serving as a sergeant with the 551st Parachute Infantry Regiment, he was diagnosed with trench foot at the unit dispensary and was transferred to the 307th Clearing Company.

The VA Rating Decision provided by the applicant indicates that the applicant requested a re-evaluation of his trench foot evaluation and provided the same supporting documents he has submitted to this Board.  The VA determined after reviewing his re-examination, that both of his feet contained residuals of frostbite and granted him a 20% disability rating for each foot.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound/injury sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a result of hostile action, that the wound must have required treatment by a medical officer, and that the medical treatment was made a matter of official record.  The current regulation establishes that frostbite and trench foot are not a basis to award the Purple Heart.  However, Army Regulation 600-45 dated 11 November 1944, the regulation in effect at the time, provided that a Purple Heart could be awarded to personnel severely frostbitten while actually engaged in combat.  Trench foot, immersion foot or less than a severe case of frostbite were ineligible for award of the Purple Heart. 

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 did not have the benefit of reviewing the applicant's WWII records or his medical records to determine the specifics of his injuries as related to either trench foot or frostbite and finds that the evidence submitted by the applicant does not conclusively establish that the injury diagnosed as trench foot was in fact frostbite.

2.  While the VA, who operates under its own guidelines and directives has granted the applicant disability compensation for frostbite, that in itself is not a sufficient basis for the Board to make a determination that he was improperly diagnosed in 1945. 

3.  The Board has noted the applicant's contentions and supporting documents and finds that the statements rendered 58 years after the fact, are insufficient to conclusively establish that a mistake in diagnoses was made at the time of his injury or that he had a severe case of frostbite, which was necessary at the time to qualify for award of the Purple Heart. 

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

___fe ___  __hof ___  ___mt___  DENY APPLICATION

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

INDEX

CASE ID	AR2002086414	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/06/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  61	107.0015/PH	
2.		
3.		
4.		
5.		
6.