MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            12 October 2000                  
	DOCKET NUMBER:    AR2000037647

	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. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		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 the Purple Heart.

COUNSEL CONTENDS:  That the applicant was wounded in the line of duty when his jeep flipped over from an explosion.  He asks that the Board reconsider its previous denial and consider that a wound need not be a lesion to authorize the Purple Heart.

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 5 January 2000 (COPY ATTACHED).

In support of his request for reconsideration, counsel has submitted copies of unit morning reports, Field Medical Cards and an Admission and Disposition Report for Overseas Hospitals showing that the applicant suffered a dislocated left shoulder in Korea on/or about 27 March 1952.  He has also included a copy of an article from the Purple Heart Magazine entitled Criteria for receiving the Purple Heart Medal with emphasis on the section regarding the definition of a wound. 

The documentation submitted with the request for reconsideration is considered new evidence and will therefore be submitted to the Board for consideration.

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.  While the morning reports, Field Medical Cards and the Admitting and Disposition Report (A&D Report) are new evidence, they do not establish that the applicant’s injury was a result of hostile action.  In fact, entries on the A&D Report and one of the Field Medical Cards indicate that the injury was “NBI” – non battle injury.

2.  Counsel’s contention that a wound need not be a physical lesion to qualify for the Purple Heart is correct.  However, the type of wound or injury is not the issue in this case.  Rather, the issue is whether the injury was the result of hostile action.  Notwithstanding that the injury was in the line of duty, the documentation provided does not establish that it was a direct result of enemy action.  Absent such a determination, there is no basis for this Board to award the Purple Heart.

3.  Accidental injuries received in a combat zone, not directly attributable to an act of the enemy are not considered wounds received in action and do not entitle the individual to the Purple Heart.

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

__jdmj___  ___je____  ___cjs __  DENY APPLICATION

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

INDEX

CASE ID	AR2000037647	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.  107.00		
2.		
3.		
4.		
5.		
6.