MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           22 June 2000                  
DOCKET NUMBER:   AR2000035999

	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. Carl W. S. Chun		Director	
	Ms. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger Able		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 an award of the Purple Heart.

APPLICANT STATES:  That the records the Board reviewed in the previous decision, do verify that he was wounded during hostile action, so he has assumed that the Board needs a picture of the wound as proof that he was wounded.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 29 April 1998.  (COPY ATTACHED)

In support of his request the applicant provides a copy of the story of the "Bushmasters", and an original photograph and a scanned copy of a hand. 

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.  There is no available substantiating evidence to show that the applicant was wounded as the result of enemy action.  The applicant's submission of the story of the "Bushmasters" is not considered evidence that he was wounded as a result of enemy action.

2.  There is no evidence that the applicant acquired a wound that required treatment by a medical officer and that the treatment was made a matter of an official record.  The submission of photographs of a scar does not fulfill this requirement.

3.  Prior to reaching a determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at an entire file.  The Board considers the statute of limitations only after all other aspects had been considered and it had been concluded that there is basis to recommend a correction of the records.  When the Board determines that an error or injustice exists, it routinely recommends relief in spite of a failure to submit the application within the 3-year time limit.  Although the decisional document does not state that the Board considered the merits of the case, the display of the pertinent details of applicant’s service record, and the regulatory guidance governing awards tends to show that it did.  The Board does not deny applications simply because they were not submitted within 3 years.  Furthermore, arguments about failure to timely file are moot, because this review of the entire case is a consideration of the merits.

4.  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.

5.  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

___LLS _  __AAO __  __RA____  DENY APPLICATION

                                                                Carl W. S. Chun
                                                  Director, Army Board for Correction
                    of Military Records

INDEX

CASE ID	AC2000035999
	
SUFFIX		
RECON	 	
DATE BOARDED	20000622	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.