IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150010056 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150010056 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. posthumously awarding the FSM the Purple Heart for wounds received in Korea during November/December 1950; b. amending item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was awarded or authorized the Purple Heart and the Prisoner of War Medal; and c. amending item 29 (Wounds Received as a Result of Action with Enemy Forces) of the FSM's DD Form 214 to show the entry: "Frostbite, Korea, Nov/Dec 1950." ______________x___________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 21 April 2016 DOCKET NUMBER: AR20150010056 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the spouse of a deceased former service member (FSM), requests award of the Purple Heart on the FSM's behalf and correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show this award. The applicant further requests to appear before the board. 2. The applicant states her husband had a scar on his right elbow when he came home from being a prisoner of war (POW). The scar was about an inch long and was very painful when someone touched it. The applicant believes her husband is entitled to the Purple Heart for the suffering he endured. 3. The applicant provides: * a self-authored letter, dated 10 May 2015 * a letter of support from the FSM's son, notarized 6 May 2015 * a State of Illinois Marriage Certificate * a State of Illinois Medical Certificate of Death, dated 6 May 2003 * a State of Illinois Department of Veterans Affairs claim form, dated 5 June 2015 * a photocopy of an unknown medical document from the 8057 Army Unit (AU) Medical Holding Detachment, Inchon, Korea, dated 25 August 1953 * Standard Form (SF) 88 (Report of Medical Examination), dated 10 November 1953 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973. It is believed that most of the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review in this case. 3. The FSM enlisted in the Regular Army on 16 July 1948. 4. The FSM's DD Form 230 (Service Record) shows he served in the Republic of Korea from 16 August 1950 to 26 August 1953 with Company A, 72nd Tank Battalion, 2nd Infantry Division. Section 8 (Wounds Received through Enemy Action) of this form does not contain an entry that indicates the FSM was wounded as a result of enemy action. 5. The FSM was honorably discharged on 26 November 1953. His DD Form 214 shows in: a. Item 26 (Foreign and/or Sea Service), he completed 3 years, 1 month, and 11 days of foreign service. b. Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized), the absence of an entry that indicates he was awarded the Purple Heart; however, it does contain an entry that shows he was authorized the National Defense Service Medal. c. Item 29 (Wounds Received as a Result of Action with Enemy Forces), the entry "NA" (not applicable). d. Item 38 (Remarks), the entry "POW from 6 December 1950 to 26 August 1953," which indicates he was a prisoner of war during this period of his service in the Republic of Korea. 6. A DD Form 215 (Correction to DD Form 214) was created on 19 May 1960, which corrected the FSM's DD Form 214 of 26 November 1953 by amending item 27 to show he was awarded or authorized the: * Army Good Conduct Medal * National Defense Service Medal * Korean Service Medal with 3 bronze service stars * United Nations Service Medal * Distinguished Unit Emblem (now known as the Presidential Unit Citation) * Republic of Korea Presidential Unit Citation * Marksman Marksmanship Qualification Badge with Pistol Bar * Marksman Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Carbine Bar 7. The Korean War Casualty File indicates the FSM was captured on 5 December 1950 in North Korea and was returned to military control on 25 August 1953. There is no corresponding entry that indicates he was wounded as a result of enemy action during his period of captivity in the Republic of Korea. 8. The FSM's available record contains: a. DA Form No. R-5695 (Medical Survey - Master Form Repatriated American Prisoners of War), dated 30 August 1953. This document contains medical information from an examination given to the FSM from the medical team aboard the ship "Marine Phoenix" heading back to the United States. It documents the FSM's exposure in captivity to frostbite. b. No documents, medical or non-medical, that indicate the FSM was wounded on the right elbow area as a result of enemy action during his service in the Republic of Korea per the applicant's contention. 9. The applicant provided the following: a. A self-authored letter from the FSM's son, wherein he requests consideration of the Purple Heart on behalf of his father. He indicates the FSM recalled to him that he was stabbed in the right arm with a knife while serving in the Korean War. The scar on his father's right arm was from that wound. b. Her marriage certificate, which shows she and the FSM were married on 9 January 1954. c. The FSM's Medical Certificate of Death, which shows the FSM died on 2 May 2003. d. A medical document from the 8057 AU (Army Unit) Medical Holding Detachment, Inchon, Korea, dated 25 August 1953, which shows: * "Dg (diagnoses) 1. 9000 - Examination, Physical Prisoner of War of Communist forces from 5 December 50 to 25 August 53" * "Dg 2. 5300 - Caries, dental, L-15" * "Dg 3. 1160 - Malaria, species undetermined, terminated" * "Dg 4. 6909 - Carbuncle, right elbow, healed, organism undetermined" * "Dg 5. 8411 - Frostbite, toes, both feet, healed, 1950" * "LOD (Line of Duty): 1, 2, 3, 4, 5: Yes" This document shows the FSM was transferred to the United States via the "Marine Phoenix" with a date of disposition of 26 August 1953. e. An extract of the FSM's SF 88, which shows the FSM was examined on 10 November 1953, at the U.S. Army Infirmary, Fort Sheridan, Illinois, for the purpose of discharge. This document notes the FSM's scar on his right forearm. REFERENCES: 1. Army Regulation 600-45 (Decorations), which governed the award of Army decorations until 23 August 1951, stated that for the purpose of considering an award of the Purple Heart, a "wound" was 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" pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized. 2. 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. It further states frostbite does not justify award of the Purple Heart except severe frostbite requiring hospitalization from 7 December 1941 to 22 August 1951. 3. An Army Medical Research Laboratory (AMRL) study, carried out at Osaka Army Hospital, Japan, dated 1 November 1951 and entitled "Cold Injuries in Korea During Winter of 1950-51," was conducted to further understand cold weather injuries and how to help diagnose and treat them. This study contained the following information: a. The winter weather conditions in Korea probably were the most severe ever experienced by American fighting forces. The most severe weather conditions during the winter months (November through early March) occurred from mid-November to early December of 1950. Many cold weather injuries occurred as the tempo of combat increased and a large scale retrograde movement by United Nations forces took place. Temperatures were documented as low as minus 30 degrees Fahrenheit, minus 60 degrees Fahrenheit in higher elevations, with heavy snow and icy winds in the fighting areas. b. Frostbite is classified in four categories in severity. There were 2,257 documented cases, of those that actually sought treatment, which were evacuated from Korea to Japan for treatment. Hospitalization was required for all categories of frostbite. The range of days of hospitalization was from 4 to 127 days, dependent on the severity type. 4. Army Regulation 15-185 (ABCMR) states ABCMR members will review all applications that are properly before them to determine the existence of an error or injustice; direct or recommend changes in military records to correct the error or injustice, if persuaded that material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. DISCUSSION: 1. The applicant's requests for award of the Purple Heart on the FSM's behalf, correction of the FSM's DD Form 214 to show this award, and a personal appearance before this Board were carefully considered. 2. The sincerity of the applicant's contention is not in question. However, there is no evidence in the FSM's available record and the applicant has not provided sufficient evidence that shows the FSM sustained an injury to his right elbow area, where a scar is located; that he suffered from an injury that resulted from hostile action; or that he received treatment for an injury that was sustained as a result of hostile action. 3. Nevertheless, the evidence shows the FSM suffered from frostbite in 1950. Upon his release from captivity, he was given a physical that documents his frostbite. Although the evidence does not comment on the severity of the frostbite, it was severe enough for a medical professional to conclude he had frostbite and document it even after nearly 3 years in captivity. 4. The FSM's capture and status as a POW resulted from his engagement with enemy forces for a period of time prior to his capture. Given the month of his capture and the evidence of the severe weather conditions during that timeframe, it is reasonable to assume he had frostbite at the time of his capture, on or about 6 December 1950, due to the severe winter conditions in the fighting areas as outlined in the AMRL study. 5. Had the FSM not been captured in December 1950, it is likely he would have sought medical treatment and such treatment would have resulted in his hospitalization, which, according to the AMRL study, was required for all instances of frostbite. 6. In accordance with the regulation in effect at the time, frostbite was considered an element that pertained to weather and personnel who were severely frostbitten while engaged in combat were authorized the Purple Heart. Accordingly, there is an equity consideration that may serve as a basis for awarding the FSM the Purple Heart. 7. The evidence shows the FSM was a POW from 6 December 1950 to 26 August 1953, during his period of service in the Republic of Korea. However, the POW Medal is not listed on his DD Form 214. 8. The applicant's request for a personal appearance hearing was carefully considered. However, by regulation, an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010056 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010056 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2