RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 AUGUST 2005
      DOCKET NUMBER:  AR20040011102


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, on behalf of her spouse, a disabled former
service member (FSM), that his request for award of the Purple Heart be
reconsidered.  She also notes that the second digit of his SSAN (Social
Security Account Number) in the Board’s original proceedings was incorrect
and asks that the digit be corrected to show a “1” vice a “7.”

2.  The applicant states that her spouse knew his feet hurt, but was
unaware that they were frozen, until several months after returning to the
United States.  She notes that while still in Europe her spouse was asked
to sign a paper for an award of the Purple Heart but thought the award
would mean more to individuals who had lost legs, arms, etc. if
individual’s, such as her spouse, did not receive the award for lesser
injuries.

3.  The applicant provides a copy of a March 2004 Department of Veterans
Affairs examination which notes that her spouse had his feet and ears
examined in addition to an examination for PTSD (Post Traumatic Stress
Disorder.)

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the FSM's case by the Army
Board for Correction of Military Records (ABCMR) in Docket Number
AR2004103169 on 21 October 2004.

2.  The 2004 Department of Veterans Affairs examination is considered new
evidence not previously seen by the Board and as such, warrants
consideration.

3.  According to the Department of Veterans Affairs examination, the FSM
saw medical officials on 1 March 2004.  The examination documented the
recollections of the FSM and his experiences during World War II.  It also
noted that it was difficult to obtain an accurate history, because he was a
“somewhat vague historian” and that his wife, the applicant, provided some
of the information.

4.  The examination noted that the foreign body in the left foot, which was
noted in the Board’s original proceedings, “could have been acquired in
combat, but which could also have entered the foot any time in the
intervening years.”  It noted that the mild residuals of frostbite in both
feet with chronic foot pain complaints was “consistent with a mild
peripheral neuropathy which is at least as likely as not secondary to
frostbite.”
5.  The examination noted that the FSM suffered from profound hearing loss
that “as least as likely as not had their inception during the 115 days of
exposure to intense battlefield conditions with ambient noise levels in
excess of 160 decibels.”  The report also indicated that the FSM was in a
lot of traumatic situations but when he was discharged from the service he
“had some adjustment disorder but has been doing well with no depression or
PTSD symptoms.”

6.  Award of the Purple Heart was permitted for severe frostbite injuries
which were incurred during World War II.  However, the frostbite must have
been severe enough to warrant treatment by a medical doctor and such
treatment must have been made a matter of official records.  Additionally,
while award of the Purple Heart was permitted for the loss of hearing,
generally such awards were limited to concussion injuries, which again,
needed to have been severe enough to warrant immediate treatment by a
medical officer.  Hearing lost over time as a result of military service,
including service in a combat theater would not have warranted an award of
the Purple Heart.

7.  The files available to the Board do confirm that the FSM’s first three
digits of his SSAN are 514 and not 574, as indicated on the original Board
proceedings.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately, the medical examination, conducted by the Department of
Veterans Affairs in 2004 contains no new evidence which would warrant an
award of the Purple Heart.  None of the information in that document is
definitive enough to conclude that the FSM was wounded as a result of
hostile action and as such, there continues to be no basis for an award of
the Purple Heart.

2.  The document suggests that the FSM may have suffered from mild
frostbite during World War II.  However, in order to meet the requirements
for an award of the Purple Heart the frostbite injury must have been severe
enough to warrant medical treatment at the time.  There is no evidence such
was the case.  The same rules hold true for hearing loss.

3.  The evidence does, however, confirm that a typographical error did
occur during the preparation of the Board’s original proceedings and the
FSM’s first three digits of his SSAN should have been recorded as 514 vice
574.  The pages have been administratively corrected and copies will be
provided to the FSM.  Accordingly, there is no need for further Board
action.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JV___  ___RW__  ___RR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis to amend the decision of
the ABCMR set forth in Docket number AR2004103169, dated 21 October 2004.




                                  ______ James Vick_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011102                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|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.                      |                                        |


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