MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            22 July 2003      
	DOCKET NUMBER:   AR2003089718

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Thomas D. Howard		Member	
	Mr. Thomas Lanyi		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:  Reconsideration of his request for award of the Purple Heart.

APPLICANT STATES:  That several members of his old unit signed a statement attesting that he was injured in a firefight in front of the 7th Division Medical Clearing Company.  His earlier application also requested award of the Purple Heart for sustaining frostbite injuries.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 13 August 2002 (AR2002074396).

As new supporting evidence, the applicant provides an 8 February 2003 statement from members of his old unit; Special Orders Number 11 dated         15 January 1951 (confirming the individuals who signed the statement were assigned to his unit); and an extract from the "Triple Nickle (sic) Reunion '99" newsletter.

The statement provided by the applicant is signed by four members (two   officers and two enlisted men) of his old unit, the 2d Ranger Infantry Company (Airborne), and states, "We served in the 2nd Ranger Infantry Company (Airborne), during the Korean War, with (applicant and his social security number).  Upon our arrival in Korea, 2nd Ranger Company was attached…(applicant) was injured during a firefight in front of the 7th Infantry Division Medical Clearing Company.  (applicant) was treated by 7th Division medics and given permission to remain with the company, by 1LT (the commander), 2d Ranger Infantry Company (Airborne).  By remaining with the unit, he wasn't awarded the Purple Heart Medal."

The applicant's Standard Form 88 (Report of Medical Examination) dated          24 June 1952 lists no abnormalities.  

Item 34 (Have you ever had any illness or injury other than those already noted) of the applicant's Standard Form 93 (Report of Medical History) dated 26 May 1958 is checked "no."  The only illness or injury noted elsewhere on this form is "mumps."

The applicant is not listed on the Korean Casualty Roster.  

In March 1999, the Department of Veterans Affairs (VA) awarded the applicant a    30 percent service-connected disability rating for residuals of cold injury to the 

right lower extremity and 30 percent for residuals of cold injury to the left lower extremity.  The VA rating decision noted that he had served in Korea in the winter.

Army Regulation 600-45 (Decorations), then in effect, stated that the Purple Heart was awarded to members of the Armed Forces of the United States and to civilian citizens of the United States who, while serving with the Army, were wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitated treatment by a medical officer.

Army Regulation 600-45 provided for the award of the Purple Heart to personnel severely frostbitten while actually engaged in combat.

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 has considered the statement provided by the applicant attesting that he was injured in a firefight during the Korean War.  

2.  The statements of individuals are normally inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  The statement does not describe how the applicant was wounded or when the incident occurred.  Even if the applicant had not been evacuated, the medics (even if not medical "officers") who treated him should have submitted a casualty report.  Yet, the applicant is not listed on the Korean Casualty Roster.

3.  The applicant's wounds and frostbite injuries are not noted on more contemporaneous documents (his Report of Medical Examination dated 24 June 1952 and his Report of Medical History dated 26 May 1958).  Although the VA may have awarded him service connection for frostbite injuries, the regulatory requirement was for the frostbite to have been severe.  It appears that such frostbite injuries were not significant enough at the time to have been mentioned on these contemporaneous medical documents.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5.  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

__jns___  __tdh____  __tl____  DENY APPLICATION

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

INDEX

CASE ID	AR2003089718	
SUFFIX		
RECON		
DATE BOARDED	20030722	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.