MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           9 April 2002
	DOCKET NUMBER:   AR2001060140

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman		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:  In effect, that he be awarded the Purple Heart.

APPLICANT STATES:  In effect, that he suffered shrapnel wounds to his body from an explosion of an enemy mortar and from frostbite while stationed in Korea.  He states that, as best he can remember, it was about December 1952 he was frostbitten.  He was evacuated to Japan for medical treatment.  In support of his application, he submits a Department of Veterans Affairs (DVA) claim, dated 20 July 2000, a letter he sent to a comrade requesting information, pictures of him in uniform and a map indicating an explanation of his Korean assignments. 

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center fire in 1973.  The information herein was gleaned from the documents that were provided with his application.

A DVA claim award letter, dated 20 July 2000, issued by the DVA Regional Office, New York, New York, awarded the applicant a service connected disability of 40% for residuals of frostbite.  However, this award letter contains no information concerning when or where the frostbite took place.

The applicant provided a copy of a letter that he had written to support a previous request for the Purple Heart and no action was taken.  In the letter he states he was wounded on “Suicide Hill”, exact date unknown by a Chinese mortar round.  He was wounded by some 12 pieces of shrapnel in his left hand and wrist.  Because the ambulance was full with more seriously wounded GIs, he did not go to a rear medic’s center or treatment.  Instead, a company medic cut out some ten pieces from his hand that evening.  He states the only evidence he has is the name and address of the medic and one piece of shrapnel that remains in his finger.

On 1 May 2001, a letter was sent to the applicant informing him that his records may have been destroyed and that since they were not available the Board could not take any action, at that time.  The applicant responded that the only evidence he had was the address of the medic that treated him.

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.

Award of the Purple Heart for frostbite injuries is currently prohibited; however, until 1951, Army Regulation 600-45, which governed the award of Army decorations, defined a “wound” as an injury to any part of the body from an outside force, element, or agent sustained while in action against an armed enemy or as a result of a hostile act of such enemy.  An “element” was further defined as weather and the award of the Purple Heart to personnel who were severely frostbitten while actually engaged in combat was authorized.

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.  The Board noted the applicant’s contention that he should be awarded the Purple Heart.  His primary item of evidence is the disability DVA rating.  However, the disability rating action taken by the DVA did not determine that he was injured or wounded as a result of hostile action or that he was severely frostbitten while actually engaged in combat.  While the applicant did provide his recollection of events, he provided no evidence that shrapnel from explosion of an enemy mortar wounded him and that he was treated by a medical doctor as required for award of the Purple Heart.  The applicant states he was frostbitten in December 1952.  The Purple Heart is given only for qualifying frostbite injuries that occurred prior to 1951.  The Board finds insufficient evidence to support his claim of entitlement to 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

__rvo____  ___dph__  ____rjw _  DENY APPLICATION

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

INDEX

CASE ID	AR2001060140	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.