MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           3 February 2000                  
	DOCKET NUMBER:   AR1999029083

	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. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		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 earlier application to correct his records by awarding him the Purple Heart.

APPLICANT STATES: In effect, that his signature on the report of a physical examination is a forgery.  He submits a report of handwriting analysis which concludes that the signature in question is not the applicant’s.  He also submits recent medical reports indicating that he is undergoing therapy with a clinical psychologist. 

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 24 June 1999 (COPY ATTACHED).

Applicant’s submission is new evidence that requires Board consideration..

The individual doing the handwriting analysis concludes that the writing is not the applicant’s.

War Department Circular 269-1943 established the Combat Infantryman Badge and the Expert Infantryman Badge to recognize and provide an incentive to infantrymen.  The Expert Infantryman Badge was to be awarded for attainment of certain proficiency standards or by satisfactory performance of duty in action against the enemy.  The Combat Infantryman Badge was awarded for exemplary conduct in action against the enemy.  War Department Circular 186-1944 further provided that the Combat Infantryman Badge was to be awarded only to infantrymen serving with infantry units of brigade, regimental or smaller size.  
 
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 fact that a handwriting analyst (presumably a qualified expert) concluded that the signature on the report of physical examination fails to overcome the fact that there is no evidence of record to show that the applicant was wounded while in action against the enemy or as the result of enemy action.  

2.  His recent medical records or treatment is irrelevant to the issue of entitlement to 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

___MKP_  ___BJE__  __EWL__  DENY APPLICATION 

						Karl F. Schneider
				    Director, Army Review Boards Agency

						

INDEX

CASE ID	AR1999029083	
SUFFIX		
RECON		
DATE BOARDED	20000203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.