| Mr. Carl W. S. Chun | Director | |
| Ms. Wanda L. Waller | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Antonio Uribe | Member |
APPLICANT REQUESTS: Award of the Purple Heart.
APPLICANT STATES: In effect, that he was wounded three times in Korea, that his feet were badly frostbitten and that he received two Purple Heart medals. He claims that he received a shrapnel wound to his right arm in July 1951, a shrapnel wound in August/September 1951, and his left knee was injured during a blast in January 1952. He contends that his feet were badly frostbitten in January 1952. He also contends that at the time of his wounds, he asked the medic not to write-up anything because he did not want his mother to know that he was wounded and he did not want the Purple Heart. In support of his application, he submits a photograph of a soldier and a letter of explanation, dated 17 August 2002, with eight enclosures listed on page two of this letter.
EVIDENCE OF RECORD: 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 the applicant enlisted in the Marine Corps Reserve on 24 June 1948 for a period of
2 years. He was honorably discharged from the Marine Corps Reserve on
23 June 1950. The applicant was inducted in the Regular Army on 10 January 1951, served in Korea and was honorably discharged on 9 October 1952. He subsequently served in the Army National Guard.
The applicant's DD Form 214, which was authenticated in his own hand, does not show the Purple Heart as an authorized award. Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant's DD Form 214 shows the entry, "NA" [not applicable].
There is no evidence in the available records that shows the applicant was awarded the Purple Heart or was wounded or treated for wounds as a result of hostile action in Korea.
The applicant's name does not appear on the Korean War Casualty Roster.
The available records do not contain any medical records.
In support of his claim for award of the Purple Heart, the applicant provided a Department of Veterans Affairs (DVA) letter, dated 9 June 2000. This decision shows that service connection was granted for residuals frostbite right foot
(30 percent) and residuals frostbite left foot (30 percent).
The applicant also provided a letter from his wife, dated 17 August 2002. His wife attests that she removed a small metal sliver from her husband's back in 1954 and that she assumed it was shrapnel from the Korean War.
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.
While award of the Purple Heart for frostbite injuries is currently prohibited, such injuries were previously a basis for the 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. An “element” pertains to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat is authorized.
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 (DD 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.
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 contention that he was wounded three times in Korea.
2. There is no evidence in the available records which shows that the applicant was wounded or injured as a result of hostile action in Korea.
3. The Board considered the applicant's contention that his feet were badly frostbitten in 1952. The Board also noted the DVA decision to award service connection for frostbite (both feet) in June 2000. However, in accordance with the governing regulation in effect at the time, the Purple Heart was not authorized after 23 August 1951 to personnel who were severely frostbitten while engaged in combat.
4. The applicant signed his discharge document on 9 October 1952 attesting to the fact that he was not wounded as a result of action with enemy forces and that he was not entitled to the Purple Heart.
5. Based on the foregoing, the Board determined that there is insufficient evidence upon which to base any award of the Purple Heart in this case.
6. 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 this requirement.
7. 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
SAC____ RKS____ AU______ DENY APPLICATION
| CASE ID | AR2002079476 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030211 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 107.0015 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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