MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:            6 April 2000 
	DOCKET NUMBER:   AR1999030972

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ernest M. Willcher		Member	
	Mr. James E. Anderholm		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:  Reconsideration of his 1997 request for award of a second Purple Heart.  (Note:  His 1997 application was closed administratively due to a lack of records and evidence to support his claim.)

APPLICANT STATES:  In effect, that he understands that Purple Hearts are being awarded for frostbite and because he is “60% SC for frost bite” he would like to receive a second Purple Heart.  In support of his request he submits copies of his 1954 VA rating decision which he annotated indicating that he was currently receiving a 60 percent disability rating from the VA effective in 1999.

EVIDENCE OF RECORD:  The applicant's military records were likely lost or destroyed during the 1973 fire at the National Personnel Records Center.  Information contained herein was reconstructed from alternative sources, including information provided by the applicant.

He entered active duty on 23 October 1942 and served overseas between April 1944 and April 1945.  He was wounded as a result of hostile action on 
17 December 1944 and awarded the Purple Heart.

On 9 October 1945 he was released from active duty as a result of demobilization.  His separation document reflects entitlement to one Purple Heart.

In June 1954 the VA noted that “service connection has been established for [the applicant’s] disability diagnosed as trench foot but since no residuals were found on the examination of May 24, 1954, this disability is not considered to be disabling to a compensable degree.”  The applicant annotated on that 1954 document that he was currently receiving a 60 percent rating and submitted in support of his request.

Also included with the applicant’s request was a statement from a fellow soldier, which was originally rendered in 1954, which notes that the author was with the applicant between 15 and 20 January 1945 during the Battle of the Bulge “when he got his feet frozen.”  The author notes he and the applicant were pinned down by enemy fire and "in searching for cover, we jumped in a road ditch.  He broke through the ice, filling his shoes and overshoes with water.  We were pinned down several hours and were unable to move.”

While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 1951 Army Regulation 600-45, which governed the award of Army decorations, stated that for the purpose of considering an award of the Purple Heart, a “wound” is defined as an injury to any part of the body from an outside force, element, or agent sustained while in action in the fact of the armed enemy or as a result of a hostile act of such enemy.  An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.  However, awards of the Purple Heart for trench foot were specifically prohibited.  

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 medical evidence available to the Board indicates that the applicant’s condition in 1954 was determined by medical authorities from the VA to be trench foot and not frostbite.  As such there is no basis for award of the Purple Heart.

2.  The Board notes that the supporting statement submitted by the applicant was originally rendered in 1954 and was likely used to support the 1954 VA determination.  In spite of the terminology of frostbite used in the support statement the VA still concluded that the applicant’s foot condition was trench foot and not frostbite.

3.  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.

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

____jns_  __emw___  ___jea__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030972	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000406	
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.