MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

BOARD DATE:            3 May 2000
DOCKET NUMBER:   AR2000037244

	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. L. L. Harrison		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. John H. Kern		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 application to correct his records by awarding him the Purple Heart with two oak leaf clusters.

APPLICANT STATES:  In effect, that he received a frostbite to his right foot during combat operations against enemy forces in Europe during World War II.
He also states that he was wounded from a shell fragment to his right shin and he sustained a injury to his back when he was driving a tank and the tank hit a mine.  He contends that the VA has confirmed the nature of the wounds by granting him service connection.

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 
17 July 1996 (COPY ATTACHED).

The applicant submits a VA Rating Decision dated 11 August 1996, awarding him a combined evaluation of 60% for service connected disabilities including residuals of cold injury, right foot and scar, residuals of laceration, right shin.  Applicant also submits a personal chronology of the incidents and a Certificate of Merit awarded to him for his duty as a tank commander.

These documents were not available to the Board previously and constitute new evidence that requires Board review.

Army Regulation 600-8-22, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against the enemy or as a result of hostile action.  AR 672-5-1, paragraph 2-15.1, provides, in pertinent part, that 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 applicant failed to submit sufficient convincing evidence to overcome the evidence of record cited in the original MOC.  Especially, in light of the fact that,  
on that occasion, he did not even mention the cold injury to his right great toe.

2.  The VA granting of benefits based only on the applicant’s statement is insufficient to fulfill the regulatory requirements of receipt of
treatment by a medical officer, and that the treatment is a matter of official record. 

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

_RVO___  __JHK__  __EWL  __  DENY APPLICATION

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

INDEX

CASE ID	AR2000037244	
SUFFIX		
RECON	 	
DATE BOARDED	 20000503	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.