RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  8 May 2007
	DOCKET NUMBER:  AR20060014960 


	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.


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	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 and correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he attended the Noncommissioned Officer (NCO) Academy and the Field Wireman Communication School.

2.  The applicant states the Board’s unfavorable decision was unjust.  He states he has provided documents that will prove he attended the schools in question, that he has suffered frostbite, and that he has been treated for the condition which lingers.  

3.  The applicant provides a letter from the Army Board for Correction of Military Records, dated 28 August 2006; a DA Form 145 (Army Extension Course Enrollment Application), dated 22 November 1964; his Army/American Council on Education Registry Transcript issued on 29 July 2005; a letter from the Department of Veterans Administration (DVA), dated 17 June 1985; a congressional letter, dated 10 April 1981; a letter from the Director of the DVA, dated 10 April 1981; his DD Form 214 for the period ending 9 March 1955; his DD Form 214N for the period ending 14 January 1971; his Standard Form 88 (Report of Medical Examination), dated 28 January 1953; his Standard Form 513 (Consultation Sheet), dated 9 April 1953; and additional medical records.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AC87-05701 on 20 July 1988 (Purple Heart issue only) and Docket Number AR20050015795 on 24 August 2006 (both issues).

2.  The applicant’s military records are not available to the Board 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 Board to conduct a fair and impartial review of this case.  

3.  The applicant has provided new evidence that will be considered by the Board.

4.  The applicant was inducted into the Army and entered active duty on 23 March 1953.  He served in Korea for 1 year, 6 months, and 3 days.
5.  The applicant’s Consultation Sheet, dated 9 April 1953, shows he was evaluated for a foreign body in his eye.  His available medical documents do not indicate he was treated for frostbite.  

6.  A Morning Report, dated 18 June 1954, shows the applicant’s duty status was changed from duty to temporary duty (TDY) with Headquarters Detachment,
I Corps Academy, for 4 weeks.  

7.  A Morning Report, dated 16 July 1954, shows the applicant’s duty status was changed from TDY with Headquarters Detachment, I Corps, Noncommissioned Officer Academy to duty.  His Army/American Counsel on Education Registry Transcript issued on 29 July 2005 shows he attended the NCO Academy from 18 June 1954 to 16 July 1954.

8.  The applicant underwent a separation physical examination on 8 March 1955. His Report of Medical Examination shows he was evaluated as normal in all of the clinical areas, including his feet.  He was given an 111111 physical profile and a physical category of A, which indicates he was in good health.  The applicant was medically cleared for separation and the report was signed by the examining physician.

9.  The applicant was honorably released from active duty on 9 March 1955.  His DD Form 214 for the period ending 9 March 1955 shows he was awarded the Korean Service Medal, the United Nations Service Medal, the National Defense Service Medal, one Overseas Service Bar, and the Good Conduct Medal. 

10.  Item 29 (Wounds Received as a Result of Action with Enemy Forces) on the applicant’s DD Form 214 for the period ending 9 March 1955 shows the entry “None.”  The applicant’s name is not listed on the Korean Casualty Roster.

11.  The applicant’s DD Form 214 for the period ending 9 March 1955 shows the entry “None” in tem 30 (Service Schools or Colleges, College Training Courses and/or Post-Grad, Courses Successfully Completed).  This DD Form 214 shows his specialty as Field Wireman and item 28 (Most Significant Duty Assignment) shows Headquarters Battery, 623rd Field Artillery Battalion “Field Wireman.”

12.  The applicant subsequently served in the U.S. Navy and the U.S. Navy Reserve and was placed on the Naval Reserve Retired List on 26 October 1992.

13.  The applicant provided an Army Extension Course Enrollment Application, dated 22 November 1964, which shows he completed Wire Communications School in Japan in November 1953 and the NCO Academy in Korea in 1954.

14.  The applicant provided a letter, dated 10 April 1981, from the Director of the DVA, Regional Office, Los Angeles, California.  This letter informed the applicant’s congressman that, based on the evidence of record, including the applicant’s service medical records and his DVA examination on 25 March 1980, it was determined that his arthritis, skin, and frostbite disabilities were service connected.  

15.  The applicant provided a letter, dated 17 June 1985 from the DVA, Regional Office, Los Angeles, California which informed the applicant that the records of the DVA discloses he was in receipt of disability compensation on account of a service-connected disability rated at 30 percent or more.

16.  Records 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.  In the absence of such evidence, he was advised that the Purple Heart was not authorized.  

17.  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.

18.  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.  It is noted that the documents, morning reports, Veteran’s Affairs Packet, and Navy Reserve Retirement Information submitted to this Board are 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 to award of the Purple Heart.

19.  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” was 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” pertained to weather and the award of this decoration to personnel who were severely frostbitten while actually engaged in combat was authorized.

20.  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, that the service schools including dates and major courses which were successfully completed during the period of service covered by the DD Form 214 would be entered in item 30.  

DISCUSSION AND CONCLUSIONS:

1.  The letter, dated 10 April 1981, from the DVA Regional Office, Los Angeles, California indicates the applicant was granted service connection for arthritis, skin and frostbite disabilities with a disability rating of 10 percent.  However, the entitlement for award of the Purple Heart for frostbite injuries ended on 22 August 1951.  The applicant did not enter active duty until March 1953.  Regrettably, the applicant does not meet the requirements for award of the Purple Heart.

2.  The applicant’s Morning Reports and his Army/American Counsel on Education Registry Transcript show he attended the NCO Academy from 18 June 1954 to 16 July 1954.  Therefore, it would be appropriate to amend item 30 on his DD Form 214 for the period ending 9 March 1955 to include the entry “NCO Academy, 18 June 1954 to 16 July 1954.”  

3.  The applicant’s Army Extension Course Enrollment Application shows he completed the Wire Communications School in November 1953 and his DD Form 214 for the period ending 9 March 1995 shows he was awarded a Field Wireman specialty.  This evidence is accepted as a basis to amend item 30 on the applicant’s DD Form 214 for the period ending 9 March 1955 to include the entry “Wire Communications School, November 1953, Field Wireman.”  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

x_____ x______x_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR’s decision in Docket Number AR20050015795, dated 24 August 2006.  As a result, the Board recommends that the DD Form 214 for the period ending 9 March 1955 of the individual concerned be corrected by:

	a.  adding the entry “NCO Academy, 18 June 1954 to 16 July 1954” to item 30; and

	b.  adding the entry “Wire Communications School, November 1953, Field Wireman” to item 30.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart.



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          CHAIRPERSON




INDEX

CASE ID
AR20060014960
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070508
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0015
2.
100.0700
3.

4.

5.

6.