MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 July 2003
	DOCKET NUMBER:   AR2003086897

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy		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 should have been awarded the Purple Heart for his frozen feet that he received while serving as an infantryman during the Battle of the Bulge, and for which he has been rated 100% disabled by the Department of Veterans Affairs (VA).  In support of his application he submits copies of his medical records and a rating decision by the VA.

EVIDENCE OF RECORD:  The applicant's military records were destroyed in the 1973 fire at the National Personnel Records Center in St. Louis, Missouri, which destroyed millions of service records.  However, information obtained from alternate sources, as well as the documents provided by the applicant show:

He was inducted in Clarksburg, West Virginia, on 25 November 1942 and entered active duty on 5 December 1942.  He completed his training and on 21 September 1944, he departed for the European Theater of Operations (ETO). He was assigned to Headquarters Company, 3rd Battalion, 393rd Infantry Regiment, 99th Infantry Division.

On 21 November 1944, he was admitted to the 67th Evacuation Hospital for Trench Foot.  He was again admitted on 19 January 1945 for recurrent trench foot and remained hospitalized until 5 March 1945, when he was returned to duty.  However, he also suffered from chronic inflammation of the eyelids and was deemed unfit for combat duty.

He returned to the United States on 24 November 1945 and was transferred to Fort Meade, Maryland, where he was honorably discharged on 28 November 1945.  He had served 3 years and 4 days of service for pay purposes and was awarded the Combat Infantryman Badge, the Expert Infantryman Badge, the Bronze Star Medal, the Distinguished Unit Badge, the Good Conduct Medal, the European-African-Middle Eastern (EAME) Service Ribbon, the American Theater Service Ribbon and the World War II Victory Medal. 

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  While the applicant has shown that he did incur a trench foot injury in combat during WWII, the applicable regulations in effect at the time and now as well, specifically state that trench foot is not now nor during the period of the applicant's service, been deemed an injury that qualifies for award of the Purple Heart.

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.

NOTE:  The Army Review Boards Agency (ARBA), St. Louis will be requested to correct the applicant's WD AGO Form 53-55 to show his award of the Bronze Star Medal and three bronze service stars for wear on his EAME Service Ribbon. 

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___mkp _  __wtm___  __teo ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003086897	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/29	
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.