MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          15 July 2003        
	DOCKET NUMBER:  AR2003084856

	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. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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 while engaged in small arms fire with the enemy in Vietnam, metal from a bullet went into his right eye.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Proceedings prepared to reflect the consideration of Docket Number AR2002069749 by the Army Board for Correction of Military Records (ABCMR) on 1 October 2002.

The applicant submits a Consultation Report, dated 21 November 2002, from an ophthalmologist which shows the applicant reported a history of a service related injury in May 1969 resulting in bullet fragments embedded in his right cornea.  The report also states that the applicant's right cornea contains multiple retained metallic foreign bodies.

The applicant also submits digital photographs of his eyes. 

The Consultation Report and photographs are new evidence and will be considered by the Board.

There is no evidence in the available records which shows the applicant was wounded or treated for wounds as a result of hostile action in Vietnam.

The applicant's name does not appear on the Vietnam Casualty Roster. 

The applicant's separation medical examination makes no mention of any injuries or wounds sustained to his right eye as a result of hostile action.     

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.

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 reviewed the Consultation Report and the digital photographs provided in support of the applicant's claim for award of the Purple Heart.  However, there is no evidence that the metallic foreign bodies in the applicant's right cornea are the result of hostile action in Vietnam.

2.  There is no evidence of record available to the Board, and the applicant has provided no evidence, which shows that he was wounded or injured as a result of hostile action in Vietnam.  Therefore, the Board determined that there is insufficient evidence on which to base award of the Purple Heart in this case.
 
3.  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 AR2002069749 on 1 October 2002.

4.  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 this requirement.

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

FNE____  MVT_____  ENA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003084856	
SUFFIX		
RECON	Yes	
DATE BOARDED	20030715	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.