MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           22 July 2003                  
	DOCKET NUMBER:   AR2002082756

	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. Antoinette Farley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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:  In effect, that he should be awarded the Purple Heart because, in December 1943, he developed trench foot and spent a number of months in an Army General Hospital in Italy being treated and recuperating from his injuries.  He further claims he still has problems because of his injury and should be issued a Purple Heart.  In support of his case, he submits:  two military medical records as evidence; a copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation -  Honorable Discharge), dated 9 November 1945; a copy of WD AGO Form 33 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 8 November 1945, which shows his condition as normal with no objective findings about his feet; and a copy of his Report of Physical Examination and Induction, dated 20 February 1943, page 3, Section IV, which shows him to be in good health with no defects and/or diseases.

EVIDENCE OF RECORD:  The applicant's military records were not available.  However, the information available to the Board is partially provided by the applicant or otherwise obtained from alternate sources.

The applicant was inducted into the Army of the United States on 20 February 1943 and entered active duty on 27 February 1943.  He served as an infantryman in the European-African-Middle Eastern Theater of Operations (ETO) from 21 July 1943 to 22 October 1945 and returned to the United States for demobilization.  He was honorably separated from active duty on 9 November 1945 in the rank of sergeant.  He was credited with 2 years, 7 months and 14 days of active military service.

The applicant’s WD AGO Form 53-55 shows four campaigns (Naples-Foggia, Rome-Arno, North Apennines, and Po Valley) in Item 32 (Battles and Campaigns). In Item 33 (Decorations and Citations), it shows he was awarded the Bronze Star Medal, the Good Conduct Medal, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the World War II Victory Medal, the Combat Infantryman Badge, the Marksmanship Badge with Rifle Bar, and the World War II “Lapel Button”.  It does not show the Purple Heart as an authorized award.  Item 34 (Wounds Received in Action) shows “NONE.”

The applicant’s Clinical Record Brief, dated 11 December 1943, shows he was diagnosed with trench foot on 5 December 1943 at the 17th General Hospital, Italy.

Additional supporting medical documentation was obtained from the U.S. Army Surgeon General’s Office Hospitalization File listing for the periods 1942-
1945 and 1950-1954.  It shows the applicant was diagnosed and treated for trench foot, a "cold injury, non-battle." 
The listing shows no entries for treatment of wounds or combat-related injuries.  No other diagnosis is listed.  He was returned to duty in February 1944.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, 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.  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.  Nevertheless, the policy in effect did not authorize the award of the Purple Heart to soldiers who sustained trench foot.

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.  Available records, and the applicant's own statement, show that he was treated for trench foot a "non-battle cold injury."  Regulatory guidance governing award of the Purple Heart specifically precludes awarding that medal for trench foot or frostbite injuries.

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.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

__JNS___  ___TDH _  __TL   __  DENY APPLICATION

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

INDEX

CASE ID	AR2002082756	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/07/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.	A107.0015	
2.	A144.0023	
3.		
4.		
5.		
6.