MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 March 2000                  
	DOCKET NUMBER:   AR1999028716

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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 request for award of the Purple Heart.

APPLICANT STATES:  That he was injured severely during a mine explosion and was operated on in 1972 for spinal disc removal.  He believes that he should have been recommended for and awarded the Purple Heart.

In support of his request, he has provided a page from his chronological record of medical care showing his treatment for a mine explosion in Vietnam on 14 July 1968; an extract of a DVA Compensation and Pension Exam performed in June 1997 and indicating that he sustained a back injury in Vietnam in 1968 and a copy of an orthopedic consultation done because of his back pain on 24 February 1969 before his discharge and indicating that x-rays of his back were normal and he was cleared for separation.

Army Regulation 600-8-22, Military Awards, provides in pertinent part, that a wound is defined as an injury to any part of the body from an outside force or agent sustained as a result of hostile foreign forces.  A physical lesion is not required; however, the wound for which the award is made must have required treatment by a medical officer.

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 7 October 1998 (COPY ATTACHED).

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 medical record provided by the applicant states “patient shook up when vehicle hit mine, ears examined, normal, released to duty”.  While it is accepted that the mine was an enemy mine, there is no evidence in the medical document he provides, or elsewhere in his records, showing that he was wounded or that he received any treatment for a wound.  In fact, the record seems to show that no treatment was provided and he was returned to duty.

2.  Insofar as his back injury is concerned, he has provided no evidence and the record contains no evidence to show that injury was the result enemy action.

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

_jh______  __tdh____  _cjs_______  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028716	
SUFFIX		
RECON	19981007	
DATE BOARDED	20000309	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.