MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            27 AUGUST 2002                  
	DOCKET NUMBER:   AR2002071848

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Arthur A. Omartian		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 request for award of the Purple Heart. 

APPLICANT STATES:  That his DD Form 214 should be corrected to show award of the Purple Heart for an injury to this right arm.  He states that a medic treated his right arm for a bullet graze, and he believed that the documentation was placed in his service records.  He submits five notarized statements attesting to his claim.  Additionally, he submits a statement from a Member of Congress attesting to his contention that he was wounded.    

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 7 June 2001 (AR2001053971).

In a 5 March 2002 statement, a former fellow soldier stated that he and the applicant were located in the same region in Vietnam, and at the time of the fire [fight] he was told that the applicant had been wounded.

In a 5 March 2002 statement, the applicant’s mother stated that her son was wounded in Vietnam.  In a statement of that same date, the applicant’s wife stated that during the years of their marriage, the applicant mentioned on numerous occasions that he was wounded in the right arm.

In another 5 March 2002 statement, an individual who had known the applicant for 36 years said that he was told by the applicant and by the applicant’s cousin, that the applicant had been wounded in Vietnam.  Another individual, in a            5 March 2002 statement, said that he also knew that the applicant was wounded in Vietnam. 

In a 16 April 2002 statement, a Member of Congress stated that he had known the applicant his entire life and could attest to the fact that he served in Vietnam and that he was wounded there. 

Information from the Total Army Personnel Command Awards Branch indicated that there was no record that the applicant was listed as a casualty on the Vietnam casualty roster maintained by that agency.
  
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.  Notwithstanding the applicant’s contentions, there is no evidence that he was wounded in action.  There is no medical evidence to show that he was wounded or treated for a wound.  The Board has considered the information contained in the statements he provides with his request; however, those statements, while  not inconsequential, for the most part, are based on second hand information, and while the Board has no reason to doubt the statements he has provided, such individual statements are acceptable only when corroborating evidence is available from official sources.  There is no evidence concerning the circumstances of the applicant’s alleged wound, and there are no eyewitness accounts to substantiate the applicant’s claim.  Statements by individuals          35 years subsequent to the applicant’s tour of duty in Vietnam are not a sufficient basis for award of the Purple Heart.    

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

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

__INW __  __AAO__  ___TL___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071848	
SUFFIX		
RECON	20020827	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.