MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 March 2000
	DOCKET NUMBER:   AR1999030149

	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.

	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 (PH).

APPLICANT STATES:  In effect, that he is entitled to the PH for an injury that he incurred in the winter of 1944 and the award should be included on his separation document.  He states that his feet froze while he was in combat, however, he refused treatment because no one knew that each award counted as points toward rotation for going home.  In support of his appeal he submits two statements from former members of the unit to which he was assigned dated 23 June and 26 June 1974 indicating that he suffered from frostbite.  He also submits an undated letter from a captain who was in the unit.  The captain states that he remembers the applicant speaking about his frozen feet and the ridiculous remedy.  In addition, the applicant enclosed a letter that he wrote to the Disabled American Veterans dated 16 July 1999 detailing the events that took place when he was injured.

COUNSEL CONTENDS:  That corrective action be taken to award the applicant the PH.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

He enlisted in the Army on 1 July 1938 and he successfully completed his training as a military policeman.  He remained on active duty through a series of reenlistments.

His awards include the Bronze Star Medal, the Good Conduct Medal, the Presidential Unit Emblem, the American Defense Service Medal, the American Campaign Medal, the European-African-Middle Eastern Campaign Medal, the World War II Victory Medal, the Army of Occupational Medal w/German Clasp, the National Defense Service Medal, the Combat Infantryman Badge, the Honorable Service Lapel Button World War II, the Expert Badge w/Rifle Bar, the Bronze Arrowhead and the French Fourragere.

On 8 January 1951, he was honorably discharged after he completed over 12 years of total active service.  A review of his Reports of Separation fails to show that the applicant was ever wounded as a result of hostile action by the enemy.

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/injury 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.

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 the aforementioned requirement.

2.  Counsel’s contentions and the applicant supporting documents have been noted by the Board.  However, they are not sufficiently mitigating to warrant the relief requested.  Each of his separation documents show that he received no wounds/injuries while he was in the Army.  Additionally, he admits that he never sought treatment by a medical officer when his feet froze and therefore, the frostbite that he now contends he suffered was never made a matter of official record.

3.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__mdm__  ___jps __  ___rgh __  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030149	
SUFFIX		
RECON		
DATE BOARDED	2000/03/29	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  46	107.0000	
2.  61	107.0015	
3.		
4.		
5.		
6.