MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 June 2002
	DOCKET NUMBER:   AR2002068043

	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. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Harry B. Oberg		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 he was put in for and awarded the Purple Heart for a shell fragment wound of the left eye but he was out in the field while the awards were being passed out.  When he asked his second lieutenant about the medal, the second lieutenant threw a Purple Heart medal at him.  He still has the medal and thought it was fully documented.  He does not understand how there could be no record of a Purple Heart being awarded to him.  He was wounded several times during the course of the war.  He served in a front line unit for over 18 months in unspeakable conditions.  He never asked a thing in return for his service but would like the records straightened out for his family.

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 14 June 2001 (docket number AR2001054469).

The applicant provides a clipping from the Pontiac Daily Press dated                    11 September 1944 which reports his serving on combat patrols operating deep in enemy territory in the Southwest Pacific.  He also provides an 11 August 1987 letter from the Veterans of Foreign Wars informing him, if the Veterans Administration had not already advised him, that his service connected shell fragment wound of the left eye condition was evaluated at zero percent.

A review of the historical files of the 164th Infantry Regiment and the Americal Division at the National Archives, College Park, MD failed to identify the applicant as being entitled to award of the Purple Heart.

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 newspaper clipping provided by the applicant does not report that he was wounded in action.  It is also not an official source of Army news/information.  The 11 August 1987 letter from the Veterans of Foreign Wars provided by the applicant does not indicate what the source document was for the Veterans Administration’s determination.  Presumably it was his Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, WD AGO Form 38.  However, as noted in the original consideration of his case, this information was contradicted by medical Department records which indicated he accidentally incurred wire cuts over his left eye and left forehead in Bougainville.

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.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__FNE__  __RWA__  __HBO___  DENY APPLICATION

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

INDEX

CASE ID	AR2002068043	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.