Search Decisions

Decision Text

ARMY | BCMR | CY2001 | 2001055103C070420
Original file (2001055103C070420.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 18 October 2001
         DOCKET NUMBER: AR2001055103

         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Melvin H. Meyer Member
Ms. Barbara J. Ellis 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 the Purple Heart.

APPLICANT STATES: He suffered from frostbite while on outpost duty because winter equipment could not be brought to his unit.

EVIDENCE OF RECORD: The applicant's military records could not be located and are presumed to have been destroyed in the fire at the records repository in 1973. The following information was derived from documents provided by the applicant himself and from files from the Office of The Surgeon General.

On 24 November 1951 the applicant, a private first class serving in Korea, was hospitalized for frostbite which he incurred while in action against the enemy near San Jon, North Korea. His frostbite was treated by amputating several of his toes.

He was considered by a physical evaluation board on 29 July 1952.

A health record research project, commonly referred to as the "SGO Files", involved transposing the hospital admission card data from the periods of World War II and the Korean conflict onto magnetic tape. In 1988 the National Research Council made these tape files available to the National Personnel Records Center (NPRC). Searches of these files confirm that the applicant had his toes amputated as a result of frostbite and he was separated due to physical disability.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for wounds 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 by a medical officer, and the medical treatment must have been made a matter of official record.

Paragraph 2-8 of this regulation states that frostbite and trenchfoot are conditions which clearly do not qualify for award of the Purple Heart.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. The applicant was not wounded in combat. He lost his toes from frostbite, a condition which is specifically precluded from award of the Purple Heart.





2. 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

___fne __ ___mhm _ ___bje __ DENY APPLICATION



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




INDEX

CASE ID AR2001055103
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20011018
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. 107.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2003 | 2003087368C070212

    Original file (2003087368C070212.rtf) Auto-classification: Approved

    The applicant's reconstructed records show the applicant enlisted on 18 July 1950. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. Therefore, the applicant is entitled to an award of the Purple Heart and correction of item 29 on his DD Form 214 to show he was wounded on 12 February 1951 in Korea.

  • ARMY | BCMR | CY2001 | 2001061582C070421

    Original file (2001061582C070421.rtf) Auto-classification: Approved

    The applicant’s DD Form 214 does not show the Purple Heart as an authorized award. Until 23 August 1951, Army Regulation 600-45, 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. Medical evidence of record shows the...

  • ARMY | BCMR | CY2002 | 2002071653C070402

    Original file (2002071653C070402.rtf) Auto-classification: Approved

    The applicant was found not fit for any military duty and it was recommended that his case go before a Physical Evaluation Board (PEB). The applicant is also entitled to correction to his DD Form 214 to show award of the Combat Infantryman Badge for his service in combat in Korea. c. by showing on the DD Form 214 dated 30 June 1952 of individual concerned, three awards of the Purple Heart and the Combat infantryman Badge; and

  • ARMY | BCMR | CY2002 | 2002075943C070403

    Original file (2002075943C070403.rtf) Auto-classification: Denied

    There are no orders in the applicant’s service personnel records which show that he was awarded the Purple Heart. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214. The Board noted that the applicant authenticated his discharge document at the time of his separation from the Army which shows that he was not awarded the Purple...

  • ARMY | BCMR | CY2002 | 2002078329C070215

    Original file (2002078329C070215.rtf) Auto-classification: Approved

    The applicant provided a DVA Rating Decision, dated 14 May 2002, which shows that service connection was granted for residuals of frostbite to his right foot with below knee amputation. Further, this DVA rating states "service discharge examination of 1-21-52 showed a normal examination of the lower extremities" and that "there are no medical records showing frostbite in service or following service discharge." Therefore, he is entitled to award of the United Nations Service Medal and...

  • ARMY | BCMR | CY2002 | 2002079890C070215

    Original file (2002079890C070215.rtf) Auto-classification: Approved

    The applicant states that his DD Form 214 does not include award of the Purple Heart for wounds received in action. As a matter of information, on the occasion of the 50th anniversary of the Korean War, the Government of the Republic of Korea issued the Korean War Service Medal to pay tribute to eligible Korean War veterans for their historic endeavors to preserve the freedom of the Republic of Korea and the free world. Once the Korean War Service Medal has been authorized by the...

  • ARMY | BCMR | CY2001 | 2001065665C070421

    Original file (2001065665C070421.rtf) Auto-classification: Approved

    A third file shows the above two wounds on 12 December 1943, and shows that he was discharged from the hospital on 3 March 1944. The applicant received wounds to his foot and to his abdomen in December 1943. His record should reflect that he participated in both those assault landings, and should show award of the bronze arrowhead to the European-African-Middle Eastern Campaign Medal.

  • ARMY | BCMR | CY2006 | 20060008923C070205

    Original file (20060008923C070205.doc) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show award of the Purple Heart and the Republic of Korea Presidential Unit Citation. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the...

  • ARMY | BCMR | CY2002 | 2002070255C070402

    Original file (2002070255C070402.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT STATES : That he should have received the Purple Heart for stepping on a land mine in Korea. The PERSCOM recommends that the application for the Purple Heart be denied.

  • AF | BCMR | CY2005 | BC-2005-01819

    Original file (BC-2005-01819.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2005-01819 INDEX CODE: 107.00 XXXXXXX COUNSEL: NONE XXXXXXX HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 11 DEC 2006 ___________________________________________________________________ APPLICANT REQUESTS THAT: He be awarded the Purple Heart Medal for injuries he received during the Korean War. A review of the applicant’s military personnel records and service medical records...