RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 AUGUST 2006
      DOCKET NUMBER:  AR20050015795


      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. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland Heflin                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of a previous request for award
of the Purple Heart.  He also requests that his DD Form 214 (Report of
Separation from the Armed Forces of the United States) be corrected to
reflect his Noncommissioned Officer Academy and Field Wireman Communication
School.

2.  The applicant states, in effect, that the Army Personnel Center failed
through unjust action to record his Noncommissioned Officer Academy and
Field Wireman Communication School.  He also states that he was not awarded
the Purple Heart for his cold weather injuries received in Korea in 1953,
which he maintains were documented on the morning medical reports.

3.  The applicant provides his DD Form 214, morning reports, Veteran’s
Affairs Packet, and Navy Reserve Retirement Information.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records are not available to the ABCMR for
review.  A fire destroyed approximately 18 million service members’ records
at the National Personnel Records Center in 1973.  It is believed that the
applicant’s records were lost or destroyed in that fire.  However, there
were sufficient documents remaining in a reconstructed record for the ABCMR
to conduct a fair and impartial review of this case.

2.  Records available to the Board show that the applicant was inducted
into the Army and entered active duty on 23 March 1953.  He served 1 year,
6 months and 3 days in Korea and was released from active duty on 9 March
1955.  Through a series of enlistments with the United States Navy and
later with the United States Navy Reserve, the applicant was transferred to
the Naval Reserve Retired List on 26 October 1992.

3.  Records further show that the applicant requested award of the Purple
Heart for frostbite injuries which was denied by this Board on 20 July
1988, Docket Number AC87-05701.  The proceedings stated that the
applicant’s medical examination administered on 9 March 1955 indicated that
his feet were normal.   There were no notes or defects indicated.  “A
morning report search on 24 May 1985, failed to reveal any frostbite entry
in the concerned military records.”  In a letter dated 26 July 1985, the
Reserve Personnel Center acknowledged that no record had been found to show
that the applicant had received medical treatment for frostbite or injuries
received in action.  The Board determined that the applicant had not
presented sufficient justification to conclude that it would be in the best
interest of justice to excuse the failure to timely file.

4.  In May 1996, the applicant again requested award of the Purple Heart
for frostbite wounds received in Korea through his congressman.  The Board
explained to the congressman that the Army Reserve Personnel Center had
searched the organizational files for any evidence of the applicant’s
entitlement to the Purple Heart and reported that no such evidence was
found.  The Board said that since reconsideration of the applicant’s case
was dependent upon submission of newly discovered evidence not previously
considered by the Board and no such evidence had been submitted, no further
action was contemplated in his case.

5.  On 30 May 2006, the Military Awards Branch, Human Resources Command,
responded to the applicant’s request for award of the Purple Heart for
frostbite injuries sustained in Korea in 1953.  This Board notes that the
documents, morning reports, Veteran’s Affairs Packet, and Navy Reserve
Retirement Information, submitted to this Board is the same documentation
submitted to the Military Awards Branch.  The Military Awards Branch stated
“You are not entitled to award of the Purple Heart for frostbite injuries
because the authorization to award the Purple Heart for frostbite ended
August 22, 1951.”  Additionally, the Military Awards Branch noted that the
applicant’s medical records indicated that he was treated for a foreign
body in his eye in April 1953, while he was assigned to Company I, 28th
Infantry Regiment.  The Military Awards Branch stated that the 28th
Infantry Regiment did not participate in any combat action in Korea, and
therefore, the applicant’s injuries could not have been the result of enemy
action and did not entitle him for award of the Purple Heart.

6.  The applicant’s DD Form 214 shows his specialty as Field Wireman.
Additionally, his most significant duty assignment is also listed as Field
Wireman. In item 30, “Service Schools or Colleges, College Training Courses
and/or Post-Grad, Courses Successfully Completed,” is listed “None.”

7.  The applicant did not provide any certificates verifying completion of
the Noncommissioned Officer Academy or the Field Wireman Communication
School.  However, the morning report dated 18 June 1954, shows that the
applicant was listed from duty to temporary duty with Headquarters
Detachment, I Corps Academy, for 4 weeks.

8.  Army Regulation 600-45 (Decorations), which governed the award of Army
decorations until 23 August 1951, 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.

9.  Army Regulation 635-5 (Personnel Separations), in effect at the time,
established standardized procedures for preparation and distribution of the
DD Form 214.  The regulation states, in pertinent part, to enter service
schools including dates and major courses which were successfully completed
during the period of service covered by the DD Form 214 in item 30 to
include title, length in weeks, and year completed.

DISCUSSION AND CONCLUSIONS:

1.  There is no medical evidence to substantiate the applicant’s claim that
he sustained cold weather injuries in Korea in 1953.  Furthermore, as
stated by the Military Awards Branch, the entitlement for the award of the
Purple Heart for frostbite injuries ended on 22 August 1951.  So even if
the applicant’s cold weather injuries were proven, he still would not be
entitled to the award of the Purple Heart.

2.  Although the morning report shows the applicant was listed as temporary
duty with I Corps Academy for 4 weeks on 18 June 1954, it is unknown
whether or not the applicant successfully completed Noncommissioned Officer
Academy and the exact dates of the course.  Additionally, there is no
evidence, and the applicant has not provided any, to show that he
successfully completed the Field Wireman Communication Course.  Therefore,
in the absence of certificates of completion for both courses, there is no
basis for correction of his DD Form 214.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JM  ___  ___SF __  ___RH __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  ____ Jeanette McCants_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015795                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|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.                      |                                        |


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