MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            25 FEBRUARY 2003  
	DOCKET NUMBER:   AR2003083860

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Ronald E. Blakely		Member	
	Mr. Lawrence Foster		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:  In effect, that he is a deserving candidate for this award and that receiving this award will help to improve his health.  He states that he has the shrapnel "bits, pieces, and particles" which were removed from his hands and arm as well as his mouth, and would be willing to send them to the Board for examination.  He submits a copy of a May 2002 letter from the Columbia, South Carolina Department of Veterans Affairs Regional Office, to his congressional representative, which notes that he has a "pending claim for service connection" and that the Department of Veterans Affairs records show that he "is service-connected for tooth number seven."

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum (AR2002069942) prepared to reflect the Board's original consideration of his case on 22 August 2002.  The applicant's submission of the Department of Veterans Affairs letter constitutes new evidence, which requires consideration by the Board.

Copies of the applicant's military service records associated with his active duty service between 1967 and 1969, were still not available to the Board.  However, records associated with his Army National Guard Service in the 1970's contain two physical examination records.  One examination, a periodic physical examination completed in April 1976, and the other, an examination completed in September 1977, make no reference to any wounds or injuries sustained by the applicant's as a result of hostile action.  Neither examination notes any scars, hospitalization, or treatment by medical personnel for combat wounds sustained while the member was in Vietnam.

The letter submitted in support of the applicant's petition for reconsideration of his request for award of the Purple Heart merely indicates that documents available to the Department of Veterans Affairs indicate the applicant's loss of a tooth was service connected.  It does not indicate the loss resulted from enemy action while the applicant was in Vietnam.

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.  Although the applicant may have several service connected disabilities, as determined by the Department of Veterans Affairs, that determination, in the absence of more compelling evidence that the injuries/wounds were the result of hostile action, is insufficient evidence on which to basis an award of the Purple Heart.

2.  Additionally, while the applicant may have pieces of shrapnel he claims remained from combat incurred injuries or wounds, in the absence of evidence which ties those pieces of shrapnel to wounds incurred as a result of hostile action which required treatment by a medical doctor, there would continue to be no basis on which to award the Purple Heart.

3.  The fact that the applicant maintains that he is a deserving candidate for the award, or that receiving the award would improve his health is also not a basis on which to grant an award of the Purple Heart.

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.

NOTE:  

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __REB__  ___LF ___  DENY APPLICATION

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

INDEX

CASE ID	AR2003083860	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030225	
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.