MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           2 October 2001                   
	DOCKET NUMBER:   AR2001058733

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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:  He was wounded in action on 14 February 1967 in Vietnam.  

COUNSEL CONTENDS:  That the statements provided by the applicant, along with his military records, amply advance the applicant’s contentions and warrant reconsideration of his request by the Board.

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 16 August 1989 (AC89-05175).

In support of his request the applicant submits a letter from the Director of the West Virginia Division of Veterans Affairs attesting to the applicant’s involvement in the American Legion, and of the applicant’s compassion and truthfulness.

Also submitted in support of his application is a letter from an individual who identifies himself as the applicant’s former platoon leader in Vietnam.  He states that he had “received word” that the applicant had been wounded by a piece of shrapnel, and that the applicant had later told him that he had been wounded by a Vietcong grenade and was treated in the field by a medic.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The two items submitted by the applicant were not previously considered by the Board and constitute new evidence which require reconsideration of his request.

2.  The statement from the applicant’s former platoon leader does not confirm that the applicant was wounded since the platoon leader did not actually witness the event.

3.  However, even if the platoon leader had witnessed the event and it occurred as described, it would not warrant granting the applicant’s request.  Army Regulation 600-8-22 requires that a wound be treated by a medical officer to qualify for award of the Purple Heart.  By the platoon leader’s own account, the applicant was treated in the field by a medic, which is not a medical officer.

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

___mkp__  ___kak__  ___rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2001058733	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011002	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.