PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 30 January 2003
         DOCKET NUMBER: AR2002078329


         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.

Mr. Carl W. S. Chun		Director
Ms. Beverly A. Young		Analyst

The following members, a quorum, were present:

Mr. Walter T. Morrison		Chairperson
Mr. Christopher J. Prosser		Member
Ms. Yalonda Madonado		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. 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.

3. The applicant states that he suffered frostbite to both of his feet while in Korea. He claims that this caused vascular disease and he aggravated this condition while on active guard duty. He also claims that the vascular disease led to ulcers and below the knee amputation to his right leg. In support of his application, he submitted a supplemental letter, a copy of his DD Form 214, his Honorable Discharge Certificate, and two Department of Veterans Affairs (DVA) Rating Decisions.

4. The applicant’s military records were destroyed or lost during the National Personnel Records Center fire of 1973. Records available to the Board were obtained from alternate sources and show that he entered active duty on 26 January 1948. The applicant served in Korea and was honorably discharged from active duty on 25 January 1952 in the grade of sergeant.

5. The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award.

6. There is no medical record of evidence which shows that the applicant was diagnosed with frostbite.

7. 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. This DVA rating states that the applicant's service medical records for the period 1948 through 1952 are not available. 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." The DVA rating also states that, "it is at least as likely as not that Mr. [applicant's name] suffer from disabilities caused by cold trauma for the early 1950's."

8. Records available to the Board contain a DA Form 1577, dated 1 March 1979. This document shows that the applicant was issued the Good Conduct Medal, the Army of Occupation Medal with Japan Clasp, the National Defense Service Medal, the Korean Service Medal with three bronze service stars, the Combat Infantryman Badge, and the United Nations Service Medal. However, award of the Good Conduct Medal, the National Defense Service Medal and the United Nations Service Medal are not shown on the applicant's discharge document.

9. Army Regulation 600-8-22 (Military Awards) 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. The regulation also states that frostbite and trench foot injuries are examples of injuries or wounds which clearly do not qualify for award of the Purple Heart.

10. While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for award of the Purple Heart. 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. An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized. The regulation also specifically states that trench foot will not be considered as meriting award of the Purple Heart.

11. Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service. Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

12. Army Regulation 600-8-22 provides, in pertinent part, that the National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001 to a date to be determined.

13. Army Regulation 600-8-22 provides for award of the United Nations Service Medal. In pertinent part, the regulation states that the period of eligibility for the United Nations Service Medal was between 27 June 1950 and 27 July 1954. The regulation provides that this service medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations. Award of the Korean Service Medal automatically establishes eligibility for award of the United Nations Service Medal.

14. 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. On 20 August 1999, the Department of Defense approved acceptance and wear of this foreign service award to eligible US veterans of the Korean War, or their surviving next of kin. The medal is provided at no cost to veterans. The Department of Defense assigned responsibility to the Department of the Air Force for distribution of the Korean War Service Medal to eligible veterans or their surviving next of kin. To apply, veterans must submit a copy of their discharge paper (DO Form 214) to the Awards and Decorations Section, Headquarters, Air Force Personnel Center, 550 C Street West, Suite 12, Randolph Air Force Base, Texas 78150-4714. A sample request form is being provided to the applicant. 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.

CONCLUSIONS:

1. The Board considered the applicant's contention that he suffered frostbite to both feet while assigned in Korea.

2. The Board also considered the DVA rating decision to award service connection for residuals of frostbite to his right foot with below the knee amputation.

3. There is no evidence of record available to the Board which shows the applicant sustained frostbite or was diagnosed with frostbite during his tour of duty in Korea.

4. The Board also noted that a military medical examination on 21 January 1952 shows normal lower extremities and no frostbite.

5. Based on the foregoing of the facts, there is insufficient evidence upon which to base award of the Purple Heart in this case.

6. The applicant is entitled to the first award of the Good Conduct Medal for the period 26 January 1948 through 25 January 1952 based on completion of a period of qualifying service ending with the termination of a period of Federal military service. Therefore, he is entitled to correction of his records to show award of the Good Conduct Medal.

7. Records show the applicant served on active duty from 26 January 1948 through 25 January 1952.

8. Based on the applicant's dates of service, he completed a period of qualifying service for award of the National Defense Service Medal. Therefore, his DD Form 214 will be amended to show the National Defense Service Medal.

9. The applicant was awarded the Korean Service Medal with two bronze service stars and completed a period of qualifying service for award of the United Nations Service Medal. Therefore, he is entitled to award of the United Nations Service Medal and correction of his records to show this award.
10. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Good Conduct Medal, the National Defense Service Medal, and the United Nations Service Medal.

2. That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:

WTM____ CJP_____ YM_____ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  Walter T. Morrison____
                  CHAIRPERSON

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INDEX

CASE ID	AR2002078329
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030130
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	GRANT IN PART
REVIEW AUTHORITY	Mr. Schneider
ISSUES 1.	107.0015
2.
3.
4.
5.
6.