MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 October 2000                  
	DOCKET NUMBER:   AR2000044909

	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 D. Miller		Chairperson	
	Ms. Carol Jo Suiter		Member	
	Mr. John E. Denning		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 he was wounded in the incident for which his witness received the Army Commendation Medal.  He submits a copy of the citation, a statement from a fellow soldier and a unit morning report. 

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 3 June 1998 (COPY ATTACHED).

The applicant’s submissions are new evidence that warrants Board consideration.

The citation for the Army Commendation Medal states that on 13 August 1969 the soldier rendered aid to his fellow soldiers who were wounded when they became trapped in a friendly minefield while on a night ambush patrol.

This individual writes the award “was given to me after I went (in)to a minefield to remove seriously wounded and dead GIs.  One of them was [the applicant]” 

The morning report for 25 September 1969 shows that the applicant returned from 9 days administrative absence.  The entry for another soldier shows that he departed for the 7th Support Hospital, 199th Light Infantry Brigade.  The entry for a third soldier shows that he returned from the same hospital.

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 statements of individuals are normally accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.  Unfortunately, however they are inadequate as the sole basis for an award of the Purple Heart.  Such statements do not fulfill the regulatory requirement that there be a record of medical treatment. 

2.  The morning report shows the applicant was returning from an administrative absence.  There is no indication that he had been hospitalized.

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

__JDM__  __CJS __  __JED ___  DENY APPLICATION

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

INDEX

CASE ID	AR200044909	
SUFFIX		
RECON		
DATE BOARDED	20001012	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.