MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           4 December 2001                   
	DOCKET NUMBER:   AR2001063143

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Eric N. Anderson		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:  That the job of an aeroscout and scout pilot was to harass the enemy into giving their position away.  They took hostile fire three, four, or five times each time they flew.  He accrued 114 hours in an OH6A helicopter and all of it was under hostile fire.  He provides an Individual Sick Slip, DD Form 689, as supporting evidence.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in Proceedings prepared to reflect the Board's original consideration of his case on 19 June 2001 (docket number AR2001053800).

Special Orders 292, 527th Personnel Service Company dated 18 December 1972 verify that the applicant was on flight status as a nonaviator crewmember, 67V2F (Observation/Scout Helicopter Repairman) with F Troop, 8th Cavalry effective      5 July 1972.

The DD Form 689 provided by the applicant indicates he needed transportation to the 3d Field Hospital on 5 January 1973 due to a shrapnel hole in his leg and to check out hydrocelle.

A check with the U. S. Total Army Personnel Command (PERSCOM) has revealed that the applicant is not listed on the Republic of Vietnam casualty roster.

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 has considered the applicant’s new evidence and argument.  However, there is still no substantiating evidence to confirm that he was injured as a result of enemy action.  In addition, evidence at PERSCOM cannot confirm that he was treated as a casualty.  Substantiating evidence that may be considered sufficient would be sworn statements from eyewitnesses, who should clearly identify themselves as to their status (pilot, commander, first sergeant, medic who treated him, etc.) with verification that they were indeed in a position to witness the incident.

2.  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.

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.

NOTE:  There is an administrative error in the Correction to DD Form 214, Certificate of Release or Discharge from Active Duty, DD Form 215, prepared   as a result of the Board’s 19 June 2001 Proceedings.  The applicant’s DD      Form 214, item 30 correctly showed he served in Vietnam from 9 June           1972 – 3 February 1973.  The DD Form 215 incorrectly shows he served from  12 June 1972 – 9 June 1973.  The DD Form 215 should be corrected to show  the correct service dates.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__jhl___  __mkp___  __ena___  DENY APPLICATION

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

INDEX

CASE ID	AR2001062143	
SUFFIX		
RECON		
DATE BOARDED	20011204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.