| Mr. Carl W. S. Chun | Director | |
| Mr. Walter Avery, Jr. | Analyst |
| Mr. Raymond V. O'Connor, Jr. | Chairperson | |
| Mr. Raymond J. Wagner | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: In effect, that he be awarded the Purple Heart.
APPLICANT STATES: In effect, that he suffered shrapnel wounds to his body from an explosion of an enemy mortar and from frostbite while stationed in Korea. He states that, as best he can remember, it was about December 1952 he was frostbitten. He was evacuated to Japan for medical treatment. In support of his application, he submits a Department of Veterans Affairs (DVA) claim, dated 20 July 2000, a letter he sent to a comrade requesting information, pictures of him in uniform and a map indicating an explanation of his Korean assignments.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center fire in 1973. The information herein was gleaned from the documents that were provided with his application.
A DVA claim award letter, dated 20 July 2000, issued by the DVA Regional Office, New York, New York, awarded the applicant a service connected disability of 40% for residuals of frostbite. However, this award letter contains no information concerning when or where the frostbite took place.
The applicant provided a copy of a letter that he had written to support a previous request for the Purple Heart and no action was taken. In the letter he states he was wounded on “Suicide Hill”, exact date unknown by a Chinese mortar round. He was wounded by some 12 pieces of shrapnel in his left hand and wrist. Because the ambulance was full with more seriously wounded GIs, he did not go to a rear medic’s center or treatment. Instead, a company medic cut out some ten pieces from his hand that evening. He states the only evidence he has is the name and address of the medic and one piece of shrapnel that remains in his finger.
On 1 May 2001, a letter was sent to the applicant informing him that his records may have been destroyed and that since they were not available the Board could not take any action, at that time. The applicant responded that the only evidence he had was the address of the medic that treated him.
Army Regulation 600-8-22 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.
Award of the Purple Heart for frostbite injuries is currently prohibited; however, until 1951, Army Regulation 600-45, which governed the award of Army decorations, defined a “wound” as an injury to any part of the body from an outside force, element, or agent sustained while in action against an armed enemy or as a result of a hostile act of such enemy. An “element” was further defined as weather and the award of the Purple Heart to personnel who were severely frostbitten while actually engaged in combat was authorized.
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 noted the applicant’s contention that he should be awarded the Purple Heart. His primary item of evidence is the disability DVA rating. However, the disability rating action taken by the DVA did not determine that he was injured or wounded as a result of hostile action or that he was severely frostbitten while actually engaged in combat. While the applicant did provide his recollection of events, he provided no evidence that shrapnel from explosion of an enemy mortar wounded him and that he was treated by a medical doctor as required for award of the Purple Heart. The applicant states he was frostbitten in December 1952. The Purple Heart is given only for qualifying frostbite injuries that occurred prior to 1951. The Board finds insufficient evidence to support his claim of entitlement to 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
__rvo____ ___dph__ ____rjw _ DENY APPLICATION
| CASE ID | AR2001060140 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020409 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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