MEMORANDUM OF CONSIDERATION

IN THE CASE OF:			    

BOARD DATE:           23 January 2001                  
DOCKET NUMBER:   AR2000048768

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Thomas E. O'Shaughnessy, Jr.		Member	
	Mr. Walter T. Morrison		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 application to correct his records by showing he is entitled to the Purple Heart.

APPLICANT STATES:  In effect, he received acoustic trauma to his ears when the tank he was riding on hit a landmine.  He indicates that he was deaf for a couple of days and received treatment only from the company medic.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's previous consideration of the case (AR2000040885) on 17 August 2000.

The applicant submits a copy of a locally prepared form (Form RS 733) by the Record Branch, Reception Station 1613th SGU, Sixth Service Command, Camp Grant, Illinois.  This form states that the applicant is authorized to wear the following ribbons, decorations and citations: the Good Conduct Medal, the European, African, Middle Eastern Theater Ribbon with three Bronze Battle (Service) Stars, the Combat Infantry Badge, the Purple Heart and one Overseas Service Bar.  The document is not signed or dated. 

The applicant’s submission constitutes new evidence that requires Board consideration.

His WD AGO Form 53-55 (Report of Separation), which he authenticated with his signature and thumb print, does not list the Purple Heart as an authorized award and block 34 (wounds) states "None". 

Army Regulation 600-8-22 (the current regulation governing military awards and the regulations in affect at the time of the applicant’s service) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile (enemy) action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. 

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence had been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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 document submitted by the applicant is not signed or dated.  It does not provide any information as to the nature or cause of any wound or the date of the occurrence of any injury.  It is therefore of very limited probative value.

2.  By the applicant’s own statements he did not receive care by a medical officer, and there is no record of medical treatment.  Further, there is no substantiation or corroboration that any injury received was a direct result of enemy action.

3.  His WD AGO Form 53-55 (report of separation), which he authenticated with his signature and thumb print, does not list the Purple Heart as an authorized award and block 34 (wounds) states "None".  This signed and authenticated document outweighs the indications of possible entitlement as noted on the unsigned Form 733. 

4.  Further, the applicant has submitted not evidence that meets the regulatory requirement to document that he received a wound that required care by a medical officer or that that care is a matter of record.

5.  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.

6.  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

__LLS___  __TEO __  __WTM _  DENY APPLICATION

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

INDEX

CASE ID	AR2000048768	
SUFFIX		
RECON	 	
DATE BOARDED	20010123	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.