MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           3 August 2000                  
	DOCKET NUMBER:   AR2000037634

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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 appeal to correct his records by awarding him the Purple Heart. 

APPLICANT STATES:  In effect, that the morning report shows he was transferred for treatment on 12 May 1967 and that this confirms the Enlisted Qualification Record (DA Form 20) Block 40 (Wounds) entry that shows he sustained a grenade fragment wound to the left shoulder on 9 May 1967. 

COUNSEL CONTENDS:  In effect, counsel concurs in the applicant's presentation and requests that all reasonable doubt be resolved in the applicant's favor. 

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 12 August 1992 (COPY ATTACHED).

Authorizations for Issuance of Awards (DA Forms 1577) were prepared for the applicant on 12 March 1985 and 3 June 1988.  Both indicate that he is authorized the Vietnam Gallantry Cross with Palm Unit Citation Badge and that this is a foreign award that is not issued by the Army.  No action is necessary on his request to be authorized the Vietnam Gallantry Cross with Palm Unit Citation Badge. 

The morning report constitutes new evidence that requires Board consideration.

The copy of the unit morning report is almost illegible.  It appears to show that the applicant was transferred from duty to the 15th Medical Battalion on 22 May 1967. 

The applicant reenlisted in Vietnam on 15 May 1967.  The Report of Transfer or Discharge (DD Form 214) prepared on that occasion does not list the Purple Heart.

A 13 March 1972 letter from the applicant’s command requested a copy of the orders authorizing the Purple Heart.  None could be located.

The applicant submitted a 31 December 1984 request for military records.  It asked for verification of the Bronze Star Medal, the Air Medal and “Verification of Awards during service” and “verification of Security Clearance if possible.”  It did not mention the Purple Heart.

The report of a 27 June 1990 Board of Veterans Appeals (BVA) notes that there was no record of treatment for the subject wound and that the applicant had made no mention of it in his initial (July 1974) application for VA benefits.  It further noted that no mention had been made at subsequent dates, including an April 1990 BVA appearance with an accredited representative.

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 morning report shows only that the applicant was transferred from duty to the 15th Medical Battalion.  It does not show that he was treated for a wound sustained while in action against the enemy or as a result of enemy action.  It does not confirm the validity of the DA Form 20 entry. 

2.  The applicant failed to mention the Purple Heart or that he had been wounded in action on several occasions when it would seems appropriate to have done so.  In light of all of the available evidence, award of the Purple Heart is not appropriate.

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

__JNS__  ___CMF _  __ESC __  DENY APPLICATION

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

INDEX

CASE ID	AR2000037634	
SUFFIX		
RECON		
DATE BOARDED	20000803	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.