PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           6 November 2001    
	DOCKET NUMBER:   AR2001061582

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Deborah S. Jacobs		Chairperson	
	Mr. Elzey J. Arledge, Jr.		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Purple Heart.

3.  The applicant states that he suffered frostbite in 1951 and should be issued the Purple Heart.  In support of his application, he submits a Constituent Assistance Form, dated 3 August 2001; and a copy of his DD Form 214 (Report of Separation from the Armed Forces of the United States). 

4.  The applicant’s military records show that he enlisted on 6 August 1948.  He served as a medical technician in Korea and was honorably discharged on 
10 June 1952.

5.  The applicant’s DD Form 214 does not show the Purple Heart as an authorized award.

6.  The applicant’s personnel service records contain a DD Form 96 (Disposition Form), dated 23 April 1953, which states the applicant sustained 2nd degree frostbite to his left great toe on 10 January 1951 south of Seoul, Korea, in action against the enemy.  

7.  The Office of the Surgeon General Hospital List shows the applicant was hospitalized on 24 January 1951 for frostbite (toes) in Korea.

8.  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.

9.  While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the award.  Until 23 August 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 face 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.

CONCLUSIONS:

1.  Medical evidence of record shows the applicant sustained frostbite 
(2nd degree, left great toe) in January 1951 in Korea while in action against the enemy.  Medical evidence of record also shows he was diagnosed and hospitalized for frostbite of his toes on 24 January 1951 in Korea.  Therefore, the applicant is entitled to award of the Purple Heart.
2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Purple Heart.

BOARD VOTE:  

DSJ____  EJA_____  DPH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Deborah S. Jacobs______
		        CHAIRPERSON

INDEX

CASE ID	AR2001061582	
SUFFIX		
RECON		
DATE BOARDED	20011106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.