MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:             23 January 2001                   
	DOCKET NUMBER:    AR2000045992

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Thomas E. O'Shaughnessy		Member	
	Mr. Walter T. Morrison		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 for frozen feet injuries received in Korea.

APPLICANT STATES: That due to combat conditions at the Chosin Reservoir in the winter of 1950 he suffered frozen feet injuries.  He has had both knee joints replaced and has received service connect disability for his feet and legs.  The applicant asked the Board to review his service connected disability documents.  However, there were no such documents attached to the application.

EVIDENCE OF RECORD:  The applicant's military records were most likely lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from reconstructed personnel records.

He enlisted in the Army on 15 September 1948, was trained as a combat engineer, achieved the rank of corporal and was honorably discharge on 16 May 1952.  He had one day of lost time.

His awards include the Good Conduct medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the United Nations Service Medal, the Republic of Korea Presidential Unit Citation Badge and Korean Service Medal with one Silver Service Star.

In July 1950 the applicant was treated for an injury to his elbow joint due to an explosion of small arms ammunition, which occurred during training.

On 13 November 1950 the applicant was treated for an injury to his elbow joint that occurred during training.

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 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. 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 Korean War Service Medal (KWSM), a foreign award presented by the Government of Korea, was approved by the Assistant Secretary of Defense (Force Management Policy) on 20 August 1999 for acceptance and wear by soldiers who served in Korea from 27 June 1950 to 27 July 1954. This action is in connection with the 50th Anniversary of the Korean War. The Department of the Air Force has the responsibility for distribution of this medal and the applicant must apply to the Department of the Air Force in order to be considered for this prestigious award.

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.  Although the Purple Heart has been awarded to soldiers for cold injuries this has been limited to instances where the individuals concerned were involved in direct contact with the enemy to the extent that they could not take care of 
themselves, seek shelter or obtain medical treatment.  There is no evidence, and the applicant has not provided any, which confirms that he sustained severe frostbite injury while engaged in combat during the Korean Conflict and as such there is no basis to award the Purple Heart.

2.  The applicant may be eligible for the Korean War Service Medal, but must apply to the Department of the Air Force for consideration.

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

________  ________  ________  GRANT FORMAL HEARING

___lls ___  ____teo _  ____wtm_  DENY APPLICATION

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

INDEX

CASE ID	AR2000045992	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010123	
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.		
2.		
3.		
4.		
5.		
6.