RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  28 June 2007
	DOCKET NUMBER:  AR20060010128 


	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.


	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of the Board’s denial of his request for the Purple Heart.

2.  The applicant recounts the events which led to his frostbitten feet, emphasizes that he was an infantryman assigned to an infantry unit during the Korean War, and argues that frostbitten feet while in combat met the criteria for award of the Purple Heart.  He explains that he needs the Purple Heart in order to be awarded Combat Related Special Compensation (CRSC).

3.  The applicant provides his Department of Veterans Affairs (VA) rating decision in which he was awarded a zero percent rating for a foot condition which the applicant identifies as frozen feet; the denial of his CRSC application; and the Board’s previous denial of his request.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20050012305, on 9 May 2006.

2.  Frostbite is distinguishable by the hard, pale, and cold quality of the skin that has been exposed to the cold for a length of time.  The area is likely to lack sensitivity to touch, although there may be an aching pain.  As the area thaws, the flesh becomes red and very painful.  Any part of the body may be affected by frostbite; but hands, feet, nose and ears are the most vulnerable.  If only the skin and underlying tissues are damaged, recovery may be complete.  However, if blood vessels are affected, the damage is permanent and gangrene can follow which may require amputation of the affected part.  (MEDLINE PLUS)

3.  Army Regulation 600-45 dated 22 September 1943, Change 6, paragraph 16, states that for the purpose of awarding the Purple Heart, a wound is defined as an injury to any part of the body from an outside force, element, or agent sustained as the result of a hostile act of the enemy or while in action in the face of the enemy.  The word element as used in this definition refers to weather and permits award to personnel severely frostbitten while actually engaged in combat.  



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records show that while he was assigned to an infantry unit in Korea, he was hospitalized for frostbite to his foot.  He was treated for the frostbitten foot, which was classified as a non-battle morbidity, and returned to duty.

2.  In order to qualify for a Purple Heart, the applicant would have to show that he was actually engaged with the enemy when he was frostbitten, and that it was a severe case of frostbite.

3.  Other than the applicant’s account of the events which occurred when he was frostbitten, there is no evidence that he was actually engaged with the enemy at that time.  As for the severity of his frostbite, the applicant was returned to duty and completed a military career.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___jtm___  ____dac_  ___wfc__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20050012305, on 9 May 2006.




________John T. Meixell________
          CHAIRPERSON




INDEX

CASE ID
AR20060010128
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070628
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.