MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            27 June 2002                  
	DOCKET NUMBER:   AR200267711

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman 		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 earlier appeal to correct his military records by awarding him the Purple Heart. APPLICANT STATES:  In effect, that he was wounded in action in Vietnam.  He submits a letter dated 21 December 2000, from a former captain serving with the 12th Evacuation Hospital, Vietnam, during the applicant’s tour of duty in Vietnam, in support of his request.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 (AR1999028926) on 23 February 2000.In a copy of a letter dated 21 November 2000, a captain, Medical Corps, previously assigned to the 12th Evacuation Hospital, Vietnam, states that in the fall of 1966 he treated the applicant for combat wounds (neck) in Vietnam.  The letter was corrected by a pen change, editor unknown, to show 1967 instead of 1966.The applicant’s contention is new evidence that requires Board consideration.The applicant’s military records show he served in Vietnam from 21 March 1967 to 6 March 1968.  He was honorably discharged on 10 September 1968.His records do not show he was wounded in Vietnam as a result of hostile action.A staff member of the Board researched the Republic of Vietnam Casualty List to determine if the applicant’s name was included.  This search was negative, his name was not among those who were listed as being wounded in action in Vietnam.  

Army Regulation 15-185 sets forth the policy and procedures for the Board.  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 has 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 with 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.

Army Regulation 600-8-22, provides, in pertinent part, that the Purple Heart is awarded for a wound sustained while in action against an enemy or as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was a 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.

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.  Evidence of record does not show that the applicant was wounded as a result of hostile action, received medical treatment and the medical treatment made a matter of official record.

2.  Notwithstanding the applicant’s recent submission in support of his request, there is no evidence of record available to the Board and the latest submission provides no evidence, which shows he was injured or wounded as a result of hostile action in Vietnam.  Therefore, he is not entitled to correction of his military records to show award of the Purple Heart. 

3.  The Board notes the new evidence appears to be based on memory of an occurrence 33 years ago and may be retrospective thinking on the author’s part.  The author provides no explanation for his statement and apparently erroneously stated the year of the occurrence as 1966.  The Board is not convinced the applicant was wounded in action and must adhere to the rules provided for award of the Purple Heart.

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

_rtd____  _kan____  _inw____     DENY APPLICATION

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

INDEX

CASE ID	AR2002067711	
SUFFIX		
RECON	AR1999028926	
DATE BOARDED	2002/06/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.	107.15	
3.		
4.		
5.		
6.