MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           16 February 2000
DOCKET NUMBER:   AR1999021604

	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.
	 		 	
	Ms. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Meta Waller		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 request to correct his records to reflect two awards of the Purple Heart. 

APPLICANT STATES:  That he is entitled to an award of the Purple Heart for a shrapnel wound to the left leg and another for residuals of a bullet wound to the left thumb.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of record (MOC) prepared to reflect the Board's original consideration of his case on 19 November 1997. (COPY ATTACHED)

In support of his request he provides a copy of the Board of Veteran’s Appeals 10 page review regarding his appeal for entitlement.  The document dated        27 April 1998 centers around four issues: entitlement for residuals of a shrapnel wound to the left leg; entitlement for residuals of a bullet wound to the left thumb; entitlement for degenerative disc disease of the lumbar spine and entitlement for the residuals of an infestation of intestinal parasites.  The 21 December 1998 VA decision awarded the applicant 10% entitlement for shrapnel wound in the left leg and 10% entitlement for residuals of a bullet wound to the left thumb. 

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded to an individual who is wounded in action against an enemy of the United States, the armed force of a foreign country which is or has been engaged, while serving with a friendly foreign forces against an opposing force even though the U.S. is not engaged, as the result of any act of such enemy or opposing force or as a result an act of any hostile force.  

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.  Although the VA has awarded the applicant compensation for the wounds he claims he received in combat, he has submitted no substantiating evidence to show he was wounded as the result of enemy action.

2.  The applicant has failed to provide substantiating evidence to show that he meets the regulatory requirements for an award of the Purple Heart.

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

___AAO_  ____CLG   __MW___  DENY APPLICATION

	Karl F. Schneider
			       Director, Army Review Boards Agency

INDEX

CASE ID	AR1999021604	
SUFFIX		
RECON		
DATE BOARDED	20000216	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.