MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           8 January 2002
	DOCKET NUMBER:   AR2001062298

	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	
	Mrs. Carolyn G. Wade		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Roger W. Able		Member	
	Ms. Terry L. Placek		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 and issued the Purple Heart (PH) for cold injuries sustained in Korea during the Korean War.

APPLICANT STATES:  In effect, that the Department of Veteran Affairs (VA) recently awarded him service-connected disability for his cold injuries in the Korean War and that because of this award, he believes that he should be awarded the PH.

In support of his application, the applicant submitted a copy of the VA Award Letter, dated 7 May 2001, and the Compensation and Pension Exam Report, conducted at Birmingham, Alabama, VA Regional Office, dated 31 January 2001. 

COUNSEL CONTENDS:  In effect, that the injustice raised by the applicant on his DD Form 149, Application for Correction of Military Record, in conjunction with the applicant’s official Army records, amply advance the applicant’s contentions and substantially reflect the probative facts needed for equitable review.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from the applicant’s DD Form 214 and VA Records.

The applicant was inducted into the Army of the United States on 21 May 1952.  Following completion of all military training, he was awarded military occupational specialty (MOS) 1187, Repeaterman.

The applicant served in Korea from 17 March 1953 to 30 April 1954.  On 7 May 1954, he was released from active military service and transferred to the United States Army Reserve after completing 1 year, 11 months, and 17 days of active military service.  He was credited with the Korean Service Medal with 2 Bronze Service Stars, United Nations Service Medal, National Defense Service Medal, Meritorious Unit Citation, and Good Conduct Medal.

There is no evidence of record to show that the applicant received any wounds as a result of combat action with enemy forces or that he was ever treated for a severe case of frostbite.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart (PH) is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that:  (1) the wound was the result of hostile action; (2) the wound required medical treatment; and (3) the medical treatment was made a matter of official record.

Award of the Purple Heart (PH) 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.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  Although the VA has established service connection for cold injuries, the injuries were not severe enough to qualify the applicant for award of the PH.  Furthermore, the evidence of record does not show that the applicant received any wounds as a result of combat action with enemy forces, nor has he provided any evidence that he had been treated in the military for a severe case of frostbite.

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 __  __RWA___  __TLP__  DENY APPLICATION

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

INDEX

CASE ID	AR2001062298	
SUFFIX		
RECON		
DATE BOARDED	20020108	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19540507	
DISCHARGE AUTHORITY	AR 615-363-5	
DISCHARGE REASON	Early Release of Overseas Returnees	
BOARD DECISION	DENY	
REVIEW AUTHORITY	Director	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.