MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          18 October 2001                  
	DOCKET NUMBER:  AR2001055103

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Barbara J. Ellis		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:  He suffered from frostbite while on outpost duty because winter equipment could not be brought to his unit.

EVIDENCE OF RECORD:  The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository in 1973.  The following information was derived from documents provided by the applicant himself and from files from the Office of The Surgeon General.

On 24 November 1951 the applicant, a private first class serving in Korea, was hospitalized for frostbite which he incurred while in action against the enemy near San Jon, North Korea.  His frostbite was treated by amputating several of his toes.

He was considered by a physical evaluation board on 29 July 1952.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape.  In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC).  Searches of these files confirm that the applicant had his toes amputated as a result of frostbite and he was separated due to physical disability.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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.

Paragraph 2-8 of this regulation states that frostbite and trenchfoot are conditions which clearly do not qualify for award of the Purple Heart.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was not wounded in combat.  He lost his toes from frostbite, a condition which is specifically precluded from award of the Purple Heart.

2.  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

___fne __  ___mhm _  ___bje __  DENY APPLICATION

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

INDEX

CASE ID	AR2001055103	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011018	
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.