IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160013455 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 June 2018 DOCKET NUMBER: AR20160013455 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________________________ 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: 13 June 2018 DOCKET NUMBER: AR20160013455 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 requests award of the Purple Heart. 2. The applicant states he was stationed in Seoul, South Korea, from September 1950 to May 1951. He spent his entire time on the front lines and received multiple injuries (chronic fungus infections of the feet, excessive sweating, night pain, weakness of the hands and feet, numbness, odd sensations in the feet, Raynaud's phenomenon, and sensitivity to minimal cold). He also had frostbite. 3. The applicant provides: * two applications * DD Form 214 (Report of Separation from the Armed Forces of the United States) * two undated self-authored statements * Department of Veterans Affairs information letter * documentation on cold injuries 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 applicant's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of his case. 3. His DD Form 214 shows: * he enlisted in the Regular Army on 16 September 1949 for a period of 3 years and he was involuntarily extended for 1 year * he served in Korea * he was awarded the Combat Infantryman Badge, Korean Service Medal with five bronze service stars, and United Nations Service Medal * he was honorably released from active duty on 8 October 1972 * he completed 3 years and 12 days of net service during this period, including 10 months and 19 days of foreign service 4. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "NA [Not Applicable]." 5. His name does not appear in the Korean casualty roster. 6. There are no orders for the Purple Heart in his available records. 7. There is no evidence showing he was diagnosed with severe frostbite. 8. The applicant provided: a. An undated self-authored letter stating he incurred cold injuries while serving in Korea from September 1950 to May 1951. He was exposed to extreme cold during the period October to December 1950. Due to their isolated assignment and conditions the only treatment available was from the field medic who didn’t have any medication for this condition. They had to suffer. On one occasion, his ears, face, and hands broke out in blisters. Also, during his tour in Korea, being a machine gunner he was constantly on the front line of action. They had no laundry or bathing facilities, nor change of clothing. This led to his feet being constantly wet and he contacted athlete's foot. While in Korea, the Army provided no treatment for this condition. Today, to control his athlete's foot he has to apply powder daily. b. A second undated self-authored letter stating he was involved in many combat actions with the North Korean Army. During these battles he endured many high explosive tank, mortar, and artillery rounds causing a concussion injury to his hearing. He also suffered frostbite to his head, face, and ears. c. Documentation on cold injuries during World War II and the Korean War. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for a wound sustained in action against an enemy or as a result of hostile action. Substantiating evidence must be provided to verify the wound was the result of hostile action, the wound must have required treatment, not merely examination, by a medical officer, and the medical treatment must have been documented in the service member's medical and/or health record. The key issue commanders must take into consideration when contemplating an award of this decoration is the degree to which the enemy caused the injury. The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award. 2. 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 (Decorations), 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 was authorized. The Purple Heart was no longer authorized for severe frostbite injuries after 23 August 1951. DISCUSSION: 1. The applicant contends he was never awarded the Purple Heart for injuries he sustained in Korea, including frostbite and hearing loss. 2. The documentation on cold injuries was carefully considered. 3. Army Regulation 600-8-22 establishes basic requirements for award of the Purple Heart. The Purple Heart requires evidence verifying: * the wound was the result of hostile action * treatment of the wound by medical personnel * documentation of the wound in official records 4. There is no evidence in the applicant's available records showing he was diagnosed with severe frostbite or wounded or injured as a result of hostile action in Korea and treated by medical personnel. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013455 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013455 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2