MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           14 November 2002
	DOCKET NUMBER:   AR2002068552

	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. Arthur A. Omartian		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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 as new evidence he provides his Department of Veterans Affairs (VA) Rating Decision.

COUNSEL CONTENDS:  Counsel makes no additional contention.

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 24 November 1999 (docket number AR1999021476).

By VA Rating Decision dated 3 March 1999, the VA found the applicant's disability due to a shrapnel scar on the forehead as service-connected at a less than 10 percent disability rating.  The reasons and bases for the decision noted that the applicant's service medical records were not available for review and a separation examination did not note a head injury.  The VA based its decision on the statement of the applicant, his daughter, and buddy statements, resolving reasonable doubt in favor of the applicant.  

A review of the historical files of Company I, 152d Infantry Regiment, 38th Infantry Division were reviewed at the National Archives, College Park, MD.  The review failed to identify the applicant as being eligible for 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.  It is acknowledged that the VA granted the applicant service-connection for a shrapnel scar on his forehead based upon the same information upon which the Board denied his request for the Purple Heart.  However, the VA operates under its own policies and procedures.  Any decision they make does not automatically mean there was an error or injustice on the part of the Army.

2.  The applicant did not meet the regulatory requirement for award of the Purple Heart in that, as he noted in his original application, his wound did not require treatment by a medical officer and accordingly no official record of medical treatment was completed.  

3.  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.

4.  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

__AAO__  ___JPI___  __REK  __  DENY APPLICATION

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

INDEX

CASE ID	AR2002068552	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/11/14	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.