MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            5 June 2003                  
	DOCKET NUMBER:   AR2003087666

	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. William Blakely .		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian 		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		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 (PH).

APPLICANT STATES:  In effect, he provides an affidavit from a third party individual who states that he served on the same gun crew as the applicant in Germany during World War II.  He claims that the affidavit will show he suffered injuries to his ears as a result of enemy action.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records that were summarized in ABCMR Proceedings (AR2002076385), dated 21 November 2002, which were prepared to reflect the Board’s original consideration of this case.  

The applicant submits an affidavit in support of his reconsideration request.  The affidavit is provided by a member of the applicant’s unit who comments that the applicant was seen by the medics on several occasions for trouble with ears. However, this affidavit gives no indication that the ear trouble experienced by the applicant was the result of combat action, and there are no medical records available that verify the medical treatment alluded to in the third party statement.  

On 21 November 2002, this Board concluded that the evidence of record and the applicant failed to provide evidence to show he was wounded or treated for wounds due to hostile action.  The Board determined that there was insufficient evidence on which to base award of the PH.  

Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual military awards.  Paragraph 2-8 contains guidance on awarding the PH.  It states, in pertinent part, that the PH is authorized to members who are wounded in action.  A wound is defined as an injury to any part of the body from an outside force or agent sustained in action.  The wound for which a PH is being awarded must have required treatment by a medical officer, and the records of medical treatment for the wound or injury for which the PH is being awarded 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 carefully considered the new evidence submitted by the applicant and notes his contention that he should be awarded the PH for the ear injury he suffered.  However, it finds the evidence provided does not satisfy the regulatory burden of proof necessary to support award of the PH. 

2.  The new evidence provided by the applicant provides evidence that he suffered from ear problems.  However, it does not confirm that the applicant’s medical problems were combat related.  The fact that the affidavit was rendered many years after the fact, and is not corroborated with any official medical records or documented evidence in the available military files, tends to diminish its evidentiary value.

3.  The applicant is advised that the veracity of his claim that he suffered from ear problems is not in question.  However, the evidence he now provides is not sufficient to alter the original findings of the Board.  This decision is based solely on the lack of evidence showing that he was ever wounded or injured in action, and it is taken in the interest of all those who served during World War II and who faced similar circumstances. 

4.  If the applicant’s claim that he was treated for his ear injury by military medical personnel at the time is true, the Board finds it likely that had this injury been combat related and satisfied the regulatory criteria for award of the PH, the applicant would have been recommended for and awarded the PH at the time. Thus, while the Board commends the applicant on World War II service, it finds an insufficient evidentiary basis to support granting the requested PH in this case. 

5.  In view of the facts of this case, the Board concludes that the overall merits of the case, including the latest submission and arguments are insufficient as a basis for the Board to reverse its previous decision.  Therefore, it finds 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

__TBR  _KH_  __AO _     DENY APPLICATION

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

INDEX

CASE ID	AR200308766	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 61	107.0015	
2.		
3.		
4.		
5.		
6.