MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           18 January 2001                   
	DOCKET NUMBER:   AR2000042079

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. John T. Meixell		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 award of the Purple Heart.

APPLICANT STATES:  The applicant, in a letter to his Senator, again describes his experiences in Vietnam. 

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 12 February 1997 and its first reconsideration of his case on 19 August 1998.

The applicant provides three statements, one from his father and one from each of his two sisters, who state they visited him in the hospital while he was being treated for shrapnel wounds and a foot injury.  He again submits a document which states that he was not issued gear or clothing because he was “in Darnell Army Hospital due to wounds received in RVN.”

The applicant’s available service medical records show that in August 1970 he was hospitalized for a six-month history of a painful lump on his right foot which seemed to be gradually enlarging.   He was later medically evacuated for surgical excision of a bony protuberance on his foot.  A 17 September 1971 VA Rating Decision noted that the applicant gave a history of a fracture of the right foot but found no evidence of a fracture of the right foot while on active duty.  Nowhere in the many VA documents available is there mention of the applicant having been wounded by shrapnel or of his having evidence of shrapnel scars.

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 administrative notation that the applicant was in the hospital for wounds and the statements from his father and sisters do not meet the regulatory requirement that there be substantiating evidence to verify that the wound was the result of hostile action.  None of these individuals were medical doctors with access to the applicant’s medical records.  The medical records available clearly show that the applicant was evacuated due to a painful bony growth on his foot  not incurred as the result of hostile action that required surgical excision.

2.  There is no evidence in the applicant’s VA medical records to show he injured his foot as a result of hostile action and no evidence to show he was wounded by shrapnel.

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___  __mhm___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042079	
SUFFIX		
RECON		
DATE BOARDED	20010118	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.