MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          4 June 2002         
	DOCKET NUMBER:  AR2002071774    

	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:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Arthur A. Omartian		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 earlier appeal to correct his military records by awarding him the Purple Heart. 

APPLICANT STATES:  In effect, that he is entitled to the Purple Heart for injuries inflicted by enemy forces during the Battle of the Bulge in January 1945.  He contends that his wounds were the result of an incendiary bomb or explosion and that he received medical treatment in a field hospital.  He also contends that he was asked by someone if he wanted the Purple Heart, not knowing what it was or its meaning or importance, he said, no.          

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration  prepared to reflect the consideration of Docket Number AR2001060259 by the Army Board for Correction of Military Records on 8 January 2002.

The applicant submitted a copy of a Morning Report, dated 4 January 1945, which shows that his status changed from duty to sick and that he was evacuated to the hospital.  

The applicant also provided an Organization or Detachment Commander’s Report, dated 4 January 1945, which shows that he was sick on 4 January 1945.  The unit medical officer indicated in this report that the applicant was in the line of duty and was being sent to the hospital.  There is no evidence that the applicant’s hospitalization was the result of hostile action.

The documents submitted by the applicant are new evidence and 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.

The regulation provides further guidance for reconsideration requests that are received more than one 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.

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 applicant’s contention that he is entitled to the Purple Heart for injuries inflicted by enemy forces during the Battle of the Bulge in January 1945.  The Board also noted the documentation provided by the applicant in support of his claim for the Purple Heart.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he was wounded or treated for wounds as a result of hostile action during World War II.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.    

2.  The overall merits of the case, including the latest submissions, 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

JLP____  AAO_____  RKS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002071774	
SUFFIX		
RECON	Yes	
DATE BOARDED	20020604	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.