MEMORANDUM OF CONSIDERATION

IN THE CASE OF:   

BOARD DATE:           17 June 1999
DOCKET NUMBER:  AR1998008815

	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. Loren G. Harrell		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Ernest W. Lutz, Jr.		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)

APPLICANT REQUESTS: Reconsideration of his application to correct his records by awarding him the Purple Heart.

APPLICANT STATES:  In effect, that he received minor shell fragment wounds to his legs that were treated by the medic.  He notes that the DVA has granted him service connection for scars resulting from this incident. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 8 April 1998 (COPY ATTACHED).

The applicant reiterates his prior contentions and submits the following statement of the incident that lead to his scaring.  He states that “During the time that my squad was there re-enforcing bunkers I had the misfortune to be injured by enemy mortar.  I sustained scrap-metal wounds to the right knee.  My injury was not life threatening.  I was bandaged by the medic and told to return to duty.  During the time of treatment the medic told me I would be receiving the Purple Heart when I returned to the States.”

The applicant submits copies of his DVA rating decision, which states that, they granted service connection, based “upon service medical records including a showing of the award of the Purple Heart medal (per the DD 214).”

Army Regulation 600-8-22, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  AR 672-5-1, paragraph 2-15.1, provides, in pertinent part, that the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record (emphasis added). 

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.  By the applicant’s own statement he does not met the required statutory requirements for the award of the Purple Heart as his treatment did not require treatment by a medical officer, nor is the medical treatment a matter of official record.  Without these factors the Board can not grant the award of this medal.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
3.  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

__JLP_      ___TAP_   __EWL__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998008815	
SUFFIX		
RECON	 	
DATE BOARDED	19990617 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	  	
DISCHARGE AUTHORITY	  . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	61	
2.		
3.		
4.		
5.		
6.