MEMORANDUM OF CONSIDERATION

IN THE CASE OF:       

BOARD DATE:           30 June 1999
DOCKET NUMBER:   AC79-06671A
		              AR1998012341

	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	
	Ms. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		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:  The applicant requests reconsideration of his previous application to correct his records to show he was awarded the Purple Heart for injuries received in France during World II.

APPLICANT STATES:  In effect, he was wounded during World War II when he incurred multiple shrapnel wounds on his arm during an enemy aerial bombardment on 29 July 1944 at Normandy, France.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized from reconstructed military personnel records in memoranda of consideration (MOC) prepared to reflect the Board’s prior considerations of his case on 19 December 1979 and 9 December 1981 (COPIES ATTACHED).

The applicant submits as new evidence a statement from a medical doctor dated 2 February 1998 who reveals that upon examination he supports the fact that the applicant’s wound of his left wrist and forearm are consistent with fragmentation wounds that he treated during Vietnam as an orthopedic surgeon.  He encloses two pictures of the applicants’ arm.

Further the applicant submits a copy of the 1944 to 1945 battalion history of the 963rd field artillery battalion.  He has annotated the paragraphs that describe the details of his unit on 29 July 1944.

Army Regulation 600-8-22 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 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 wound, as described by the applicant, does not meet the regulatory requirements for an award of the Purple Heart.  The wound did not require treatment by a medical officer, a fact which the absence of adverse consequences confirms.

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

__GDP __  ___AAO_  __JPI___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC79-06671A
AR1998012341	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.	107.00	
2.		
3.		
4.		
5.		
6.