MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:              26 February 2002               
	DOCKET NUMBER:     AR2001057286

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Richard T. Dunbar		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 request for award of the Purple Heart for frozen feet during World War II. 

APPLICANT STATES:  That under the regulations in effect during the “Battle of the Bulge” and the original evidence he submitted, as well as the additional evidence submitted for the reconsideration, he fails to see why the Board denied his request.  He submits letters dated 4 August 1999 from the Veterans of the Battle of the Bulge Genesse Valley Chapter and from a witness dated 4 August 1999 in support of his request.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a Memorandum of Consideration prepared to reflect the Board's original consideration of his case on 14 May 1997 (AC97-05548) and reconsideration requested on 6 May 1999 (AR1999015599).  His records also show the Board administratively denied requests for reconsideration on 16 July 1997, 11 September 2000 and 29 March 2001. 

The applicant’s military records were apparently lost or destroyed during the 1973 fire at the National Personnel Records Center in St. Louis, Missouri.  Information contained herein was reconstructed from alternative sources.

The supporting letters are from individuals who state the applicant was exposed to sleet and sub-zero weather when traveling in convoy without tarpaulins in order to fire at the advancing enemy which resulted in his frozen feet.  One also stated, “that during combat operations, the most serious wound can, under certain conditions, be overlooked, triaged, or purposely neglected.”

The applicant provided with his 15 July 1997 reconsideration request a copy of his Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) (WD AGO Form 38), shows the entry “Frost bitten feet December 1943 treated” in Item 11 (Statement and Medical history of Examinee/List all significant diseases, wound and injuries).  Item 22 (Feet) shows the entry “None”.  The applicant provided this information in item 11 at the time of his examination and the physician performing the examination provided the information in Item 22.

Army Regulation 600-8-22, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a 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.

While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  At the time, Army Regulation 600-45, which governed the award of Army decorations, states that for the purpose of consideration of 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 face 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 was authorized.

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 applicant is not eligible for award of the Purple Heart for frozen feet.  There is no evidence his feet were frost bitten while the applicant was engaged in combat, or that he ever received medical treatment for such an injury.  Notwithstanding the letters submitted in support of his request, the requirement that a wound be treated by a medical doctor and made a part of official records was necessary even for awards based on frostbite.

2.  There is also no specific evidence or historical information which confirms that the applicant’s frozen feet occurred while he was actively engaged in combat, for the Board to conclude that in all likelihood the applicant was actively engaged in combat at the time he suffered frozen feet.  The contention of riding without a tarpaulin in preparation to shoot at the enemy is not sufficient to show he was engaged in combat.

3.  The witness statements do not support the applicant’s contention that he was wounded as a result of enemy action to the satisfaction of the Board.  In the absence of medical records to show that he was wounded in action, and treated for such, he has not shown that he is eligible to the Purple Heart for frozen feet.

4.  The applicant’s WD AGO Form 38, Item 11 shows the entry “Frost bitten feet December 1943 treated” and Item 22, shows “Normal”.  However, the Board notes that the applicant provided the information in Item 11 at the time of his examination and a captain in the Medical Corps performing the examination provided the information in Item 22 and the form was properly authenticated by this officer.

5.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

6.  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

_jhl___  _rtd____  __rjw	__  DENY APPLICATION

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

INDEX

CASE ID	AR200157286	
SUFFIX		
RECON	AR1999015599	
DATE BOARDED	20020226	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.