MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           12 September 2000                  
	DOCKET NUMBER:   AR2000042963

	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. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		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 earlier appeal to correct his records by awarding him the Purple heart. 

APPLICANT STATES:  He submits statements from two individuals who state that they were with the applicant on 1 May 1970 when he was wounded by fragments from a booby-trap that killed one soldier and wounded several others. 

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 8 December 1999 (COPY ATTACHED).

The applicant’s submissions are new evidence that require Board 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. The Board notes the statements of the applicant’s wartime companions.  However, the applicant’s record is devoid of any indication that he was wounded under conditions that warrant award of the Purple Heart.  Unfortunately, the statements of individuals are inadequate as the sole basis for an award of the Purple Heart because, they do not fulfill the regulatory requirement for a record of medical treatment.  

2.  The overall merits of the case, including the latest submissions and arguments are insufficient for the Board to reverse its previous decision.

3.  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

___cmf __  ___fe___  ___cjs___  DENY APPLICATION

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

INDEX

CASE ID	AR2000042963	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE	UOTHC	
DATE OF DISCHARGE	4 September 1984	
DISCHARGE AUTHORITY	 AR 635-120	
DISCHARGE REASON	A70.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	A93.23	
2.		
3.		
4.		
5.		
6.