MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  22 August 2000
	DOCKET NUMBER:  AR2000043876

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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 medal and for correction of his military records to show that he was wounded in action while serving in Vietnam in May 1968, and that information pertaining to an injury he sustained in Germany be removed from his military records.

APPLICANT STATES:  That he has been trying for a long time to get his Purple Heart.  He has furnished a statement from his former platoon sergeant as new evidence.

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 25 May 1994.

The applicant submitted his own statement, as well as a statement from his former platoon sergeant, which indicates he had been wounded in May 1968 and was medically evacuated to the rear.  The former platoon sergeant recommended the individual concerned be awarded the Purple Heart for his heroic actions.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, 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.  There is no evidence of record available to the Board that shows that the applicant was wounded or treated for wounds due to hostile action; therefore, he is not entitled to award of the Purple Heart.

2.  He is also not entitled to alteration of his records pertaining to the injury he sustained in Germany, or to show he was wounded in action in Vietnam. 

3.  The statements submitted in support of the applicant’s request have been noted; however, they do not meet the evidentiary requirements for award of the Purple Heart, and conflict with the evidence of record in this case. 

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

__ew___  __mt__  ___kl__  DENY APPLICATION

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

INDEX

CASE ID	AR2000043876	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.107	PH	
2.		
3.		
4.		
5.		
6.