MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          25 June 2002        
	DOCKET NUMBER:  AR2002071243    

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Thomas Lanyi		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 the truck he was riding in was bombed by the Germans on 7 August 1944 in France and that he sustained an injury to his right arm.  He contends that he was treated by a company medic and elected not to go to a field hospital.   

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect the Board's previous consideration of the Docket Number AR2001061922 by the Army Board for Correction of Military Records (ABCMR) on 24 January 2002.

The applicant submits an eyewitness statement, dated 30 October 2001, from his company commander at the time in question.  The company commander attests that the applicant was hit in the right forearm by a piece of shrapnel on 
7 August 1944.  He states that the applicant was a cook at the time and that he was injured while riding in the rear of the kitchen truck when the Germans were trying to knock out a nearby bridge.  He also states that the applicant was treated by the company medic and that he stayed with the company rather than going to the field hospital for treatment and possible reassignment to another unit.

The applicant also provided a photograph of a man with his right arm in a sling.

The eyewitness statement and the photograph were not previously considered by the ABCMR and are therefore considered new evidence which will be considered by the Board.

Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for 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 that was not in the record at the time of the Board’s prior consideration.  This includes but is not limited to any facts or arguments as to why relief should be granted.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.
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 considered the photograph provided in support of the applicant’s claim for award of the Purple Heart.

2.  The Board also considered the eyewitness statement from the applicant’s company commander at the time in question.  However, this statement, made over 57 years after the fact is not sufficient by itself as a basis for an award of the Purple Heart in view of evidence of record which shows the applicant was not wounded.  

3.  Evidence of record shows the applicant signed his discharge document on 
16 December 1945 attesting to the fact that he was not wounded in action and was not entitled to award of the Purple Heart.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.

4.  After review of all the evidence in this case and the latest submissions this Board concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in AR2001061922 on 24 January 2002.

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

JNL____  EJA_____  TL______  DENY APPLICATION

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

INDEX

CASE ID	AR2002071243	
SUFFIX		
RECON	Yes – original application denied by ABCMR on 24 January 2002	
DATE BOARDED	20020625	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.