MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 August 2002
         DOCKET NUMBER: AR2002074396

         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Mr. Ted S. Kanamine		Member
Ms. Lana E. McGlynn		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)

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APPLICANT REQUESTS: Award of the Purple Heart.

APPLICANT STATES: That, while assigned to the 2nd Ranger Infantry Company from December 1950 to August 1951, he sustained cold weather injuries which he believes warrant award of the Purple Heart.

In support of his application, the applicant submitted a 6 May 2002 letter of explanation. In that letter the applicant contends that he sustained frostbite during his service in the Korean War. The applicant states that he served in one of the last “black military units organized by the United States Army.” He also stated that he and his fellow soldiers “went into battle against four enemies. We had to fight the Koreans, the Chinese, the most brutal weather during that century, and racial discrimination place[d] upon us by our fellow countrymen.”

The letter further states that he applied for the Purple Heart because it was determined by the Veterans Administration that he suffered this injury during his Korean War service and that he is being compensated for this cold weather injury. The applicant writes that he suffered his first injury, a sprained ankle sustained in January 1951 when he jumped from a hill during a firefight. He states that he was treated by medical personnel who wanted to evacuate him but he obtained permission to remain with his unit. The applicant states that he was treated by enlisted medical personnel, but did not get the Purple Heart for this injury.

The applicant contends in his letter that a 9 December 1999 letter from the Army Board for Correction of Military Records refers to the requirements for award of the Purple Heart contained in Army Regulation 600-8-22 (Military Awards). However, he notes that Army Regulation 600-45 governed award of the Purple Heart during the Korean War and he states that he wants to be judged under that regulation.

The applicant goes on to describe the parachute assault into Munsan-ni, Korea, which he participated in. He concludes that he and his fellow soldiers “can fight and die, but it is hard for some people to give us our due.” He also contends that in spite of the unit’s excellent combat record, they were denied decorations other units were given. He concludes that the Purple Heart that he is asking for was due to enemy action and that he wants his request for the Purple Heart to be considered under Army Regulation 600-45, not Army Regulation 600-8-22.

The applicant also provided documents which are attached at five tabs labeled Inclosure #1 through Inclosure #5. The tabs and their contents are listed at the end of the applicant’s letter of explanation.



EVIDENCE OF RECORD: The applicant's military records show:

The applicant entered active duty on 30 January 1946 and completed infantry and airborne training. He served through continuous reenlistment until 30 November 1966 at which time he was honorably separated from active duty for the purpose of retirement with over 20 years of service.

The applicant’s WD AGO Form 24 (Service Record) shows that he served in Korea from 30 December 1950 to 2 August 1951. His DD Form 214 with an effective date of separation of 6 June 1952 covers the entire period of his service in Korea.

The applicant’s DD Form 214, which is signed in the applicant’s own hand, does not show the Purple Heart as an authorized award in item 27 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized). Item 29 of this discharge document shows the entry “None” in item 29 (Wounds Received as a Result of Hostile Action).

The applicant’s WD AGO Form 24A which covers his service from 1 February 1949 to 6 June 1952 does not show the Purple Heart as an authorized award in Section 21 (Medals, Decorations and Citations).

The applicant provided a copy of three pages of his Department of Veterans Affairs (DVA) rating decision, dated 2 March 1999. Among several conditions evaluated, this rating decision granted service connected disability for residuals of cold injury to the right lower extremity (30 percent) and residuals of cold injury to the left lower extremity (30 percent).

The DVA rating decision states that the applicant’s service personnel records show that he served in Korea in the winter. This DVA record also states that, during his DVA medical examination on 7 October 1998, the applicant complained of cold feet and pain in his feet. The applicant’s service medical records from 1946 to 1966 were listed as evidence during the DVA evaluation; however, there is no reference to trench foot or frostbite in this DVA medical evaluation.

The applicant provided a copy of a citation for award of the Bronze Star Medal for heroic action on 14 January 1950 to a corporal who served in the 2nd Ranger Company with the applicant. The applicant copied this citation and at the bottom of the page wrote that this corporal was given the Purple Heart for frostbite to his hands. He also asserts that this corporal reported to the dispensary because his fingers were turning blue and he lost part of his hand because soldiers had to remove their gloves to operate their weapons.

The applicant also provided copies of articles from the Stars and Stripes. One article is dated 21 February 1951 and describes the combat action at the town of Chuchon. The other article is dated 24 February 1951 and describes the 2nd Ranger Company and some of the operations of the unit. These articles do not mention the applicant’s name or otherwise show he was wounded or injured.

The applicant provided a copy of the Morning Report for 23 March 1951 for the 2nd Ranger Company. This morning report shows the status of three soldiers who were injured or wounded in the action at Munsan-ni and that one soldier was killed in action, 2 soldiers were wounded in action and two soldiers were lightly wounded in action. At the bottom of this page the applicant wrote that the unit parachuted into Munsan-ni with light clothing and the weather changed to freezing and snow. He further stated that the unit endured five days of cold weather and wet shoes while engaging the enemy on the field of battle. This Morning Report does not mention the applicant’s name or show that he was wounded or injured.

The applicant provided a copy of Headquarters, 32d Infantry General Orders Number 28, dated 12 June 1951, which awards the Purple Heart to 14 soldiers. The applicant’s name is not listed on this order.

The applicant also submitted a map of the operation at Munsan-ni, a picture of a fellow soldier, the book cover for Rangers in Korea, and copies of two pages from that book.

Army Regulation 600-8-22 (Military Awards) currently governs award of the Purple Heart and states 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.

Army Regulation 600-45 (Decorations) governed award of the Purple Heart during the Korean War. Paragraph 16 a of that regulation stated:

         “The Purple Heart established by General George Washington at Newburgh, 7 August 1782, during the Revolutionary War is awarded to members of the armed forces of the United States and to civilian citizens of the United States who, while serving with the Army, are wounded in action against an enemy of the United States, or as a direct result of an act of such enemy, provided such wound necessitates treatment by a medical officer.”




Paragraph 16b of Army Regulation 600-45 states:

         “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 while in action in the face of the enemy. One award is authorized for each wound except that only one award is authorized for two or more wounds received at the same instant. The word ‘element’ refers to weather and permits award to personnel severely frostbitten while actually engaged in combat. Trench foot will not be considered as meriting award. The phrase at the same instant prohibits duplicate awards of the Purple Heart for two or more injuries or wounds received from one missile, force, explosion, or agent.”

Award of the Purple Heart for frostbite injuries was terminated effective 23 August 1951 and is not authorized under the current Army awards regulation.

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 considered the applicant’s request for award of the Purple Heart.

2. The Board reviewed the applicant’s service personnel records and all of the contentions and evidence he submitted.

3. The Board noted the applicant’s request that he be considered for award of the Purple Heart under the provisions of Army Regulation 600-45 instead of Army Regulation 600-8-22. The Board considered the applicant’s request for award of the Purple Heart using the criteria in both regulations.

4. The applicant’s records contain no General Orders which show that he was awarded the Purple Heart. There is no evidence in the applicant’s records which shows that the applicant was wounded or injured as a result of hostile action during the Korean War.

5. The Board noted the applicant’s contention that he injured his ankle in Korea on 14 January 1951. However, there is no medical evidence which shows that a medical officer treated him and/or determined that he was a battle casualty or was wounded or injured as result of hostile action.

6. The Board noted the rating decision by the DVA for residuals of cold weather injuries to the right and left lower extremities. However, there is no medical evidence available to the Board which shows that competent medical authority determined the applicant sustained severe frostbite during combat in Korea.

7. The Board noted the applicant’s statement that members of the 2nd Ranger Company were discriminated against in that they were denied decorations that other units received. In regard to the applicant’s request for award of the Purple Heart, the Board determined that the inference that he was denied award of the Purple Heart because of discrimination is without merit, particularly in the absence of evidence that he was entitled to award of the Purple Heart.

8. Based on the foregoing and in the absence of records which show the applicant was wounded as a result of hostile action or was severely frostbitten in combat prior to 23 August 1951, there is insufficient evidence upon which to base award of the Purple Heart in this case.

9. The Board reviewed both regulations and determined that the applicant did not meet the criteria in either regulation for award of the Purple Heart.

10. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy either requirement.

11. 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

__TSK__ __LEM___ __FNE___ DENY APPLICATION



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

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INDEX

CASE ID	AR2002074396
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020813
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	MR CHUN
ISSUES 1.	107.0015.0000
2.
3.
4.
5.
6.