MEMORANDUM OF CONSIDERATION

IN THE CASE OF:   

BOARD DATE: 	    18 February 1999
DOCKET NUMBER:    AC95-10487B
			    AR1998013872

	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:

	Mr. Thomas N. Kuhn		Chairperson	
	Mr. John P. Infante		Member	
	Mr. James P. Steuve		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 previous application to correct his records by awarding him the Purple Heart for wounds received in February 1967 and on 20 May 1967.  (As noted in the applicant’s original request his request for other awards is simply an administrative matter, which appears not to have been finalized.)

APPLICANT STATES:  In effect, that he was wounded twice in combat and that he himself did his immediate treatment or he was treated by a field medic.  He contends that he was seen by medical officers for follow-up care for both wounds.  He avers that a review of unit and hospital records will substantiate his contentions;

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 May 1996 (COPY ATTACHED).

The applicant’s request for reconsideration is virtually identical to his prior submission.  The applicant submits an additional statement from a former medic who states that he (the medic) did treat the applicant and that proper documentation of the treatment was placed on the helicopter which evacuated wounded personnel.

In the applicant’s personal statement he cites Morning Reports and Field Hospital Reports to support his contentions.  He, however, does not supply the Board with copies of these documents in support of his contentions.

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. 

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 statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  However, they are normally accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.

2.  While the applicant has submitted several “buddy statements” to show the combat occurrence of his wounds, he has not provided any evidence to show that he was treated by a medical officer, and that the medical treatment is a matter of official record.  Without such documentation the Board is unable to afford the applicant the requested relief.

3.  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.

4.  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

____TNK_ ___JPI__  __JPS___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC95-10487B
AR1998013872	
SUFFIX		
RECON		
DATE BOARDED	19990218	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	Deny	
REVIEW AUTHORITY		
ISSUES         1.	107.0017/102	
2.		
3.		
4.		
5.		
6.