MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:


         BOARD DATE: 10 October 2001
         DOCKET NUMBER: AR2001056855

         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Charles Gainor		Member
Mr. Joe R. Schroeder		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)

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APPLICANT REQUESTS: Award of the Purple Heart. He also requests, in effect, correction of unspecified medical documentation which states that he was treated for trench foot. He further requests that his medical records not be withheld any longer by an unspecified Government agency and that missing medical records be located.

APPLICANT STATES: That he should be awarded the Purple Heart for his severe frozen frostbite residuals of the lower extremities injuries incurred while engaged in combat with the enemy during the Battle of the Bulge during World War II. He also states, in effect, that his “Official Military Files” contain erroneous medical documentation which states that he was treated for trench foot. He wants this medical documentation amended to show that he was “treated for severe (frozen) frostbite residuals of the lower extremities with vasomotor instability feet injuries”. He contends that a branch of Government has withheld medical records of his war injuries and has delayed the award of his Purple Heart. He also requests that the missing two months of his daily hospital and doctor medical reports be found with the diagnosis and treatments, all of which were administered at the 40th General Hospital in France, during March and April 1945. In support of his application, he submits a letter of explanation, dated 28 April 2001; and 21 exhibits which are listed separately on a document, dated 28 April 2001.

COUNSEL CONTENDS: The Disabled American Veterans (DAV), as counsel for the applicant, pointed out that it is their understanding that Army Regulation 600-45 allowed for the award of the Purple Heart for frostbite injuries until
23 August 1951. Since the applicant suffered the incurrence of frostbite in February 1945, several years prior to the change of the regulation, and said incurrence is documented in his official Army records, specifically his discharge examination, counsel asks that relief be granted as the applicant has requested.

EVIDENCE OF RECORD: The applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that the applicant was inducted on 7 July 1944. He served as a rifleman and cook in the European Theater of Operations from 29 December 1944 through 5 July 1945 and was honorably discharged on 20 June 1946.

The applicant’s WD AGO Form 53-55, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 34 (Wounds Received in Action) of the WD AGO Form 53-55 states “NONE”.

There is no evidence in the available records that show the applicant was awarded the Purple Heart or was wounded as a result of hostile action.

The applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated
19 June 1946, shows the entry “Frozen feet, 40 General Hospital, France, February 1945” in item 11 (Statement and Medical History of Examinee/List all significant diseases, wounds, and injuries). The Board notes that this information was provided by the applicant at the time of his examination.

The applicant provided VA documentation, dated 20 August 1946 and
7 September 1948, which shows he was granted service connection disability for his “feet condition”. The applicant provided VA documentation which shows he was granted service connection disability for residuals of frozen feet (both lower) and frostbite residuals of the lower extremities.

The available records contain a letter, dated 14 October 1999, from the U.S. Total Army Personnel Command which states “the medical documentation contained in your Official Military Personnel File indicates that you were treated for trench foot”. However, there is no medical evidence in the available records which shows the applicant was treated for or diagnosed with trench foot or frostbite during World War II.

Army Regulation 600-8-22 (Military Awards) 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. The regulation also states that frostbite and trench foot injuries are examples of injuries or wounds which clearly do not qualify for award of the Purple Heart.

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. The regulation also specifically states that trench foot will not be considered as meriting 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. There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows he was wounded or treated for wounds as a result of hostile action during World War II.

2. The applicant’s WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement), dated 19 June 1946, which shows the entry “Frozen feet, 40 General Hospital, France, February 1945” in item 11 (Statement and Medical History of Examinee/List all significant diseases, wounds, and injuries) was considered by the Board. However, the Board notes that this information was provided by the applicant at the time of his examination.

3. The Board considered the applicant’s contention that he should be awarded the Purple Heart for his severe frozen frostbite residuals of the lower extremities injuries incurred while engaged in combat with the enemy during the Battle of the Bulge during World War II. However, there is no medical evidence of record available to the Board which shows the applicant was diagnosed with frostbite during World War II. In the absence of such evidence, there is no basis for award of the Purple Heart.

4. The Board considered the applicant’s request to correct unspecified medical documentation which states he was treated for trench foot to show that he was “treated for severe (frozen) frostbite residuals of the lower extremities with vasomotor instability feet injuries”. However, there is no medical documentation in the available records, and the applicant has provided no medical documentation, which shows he was treated for trench foot or frostbite.

5. The Board also considered the applicant’s requests that his medical records not be withheld any longer by an unspecified Government agency and that missing medical records be located. However, there is no evidence of record, and the applicant has provided no evidence, that his medical records are being withheld by a Government agency. Evidence of record shows that the applicant's military records were destroyed or lost during the National Personnel Records Center fire of 1973.

6. 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.

7. 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:

JRS____ ________ LLS_____ GRANT

________ ________ ________ GRANT FORMAL HEARING

________ CG_____ ________ DENY APPLICATION

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

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INDEX

CASE ID	AR2001056855
SUFFIX
RECON
DATE BOARDED	20011010
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(GRANT)
REVIEW AUTHORITY
ISSUES 1.	107.0015
2.
3.
4.
5.
6.