MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           27 April 2000                  
DOCKET NUMBER:   AR1999031629

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon		Chairperson	
	Mr. Thomas A. Pagan		Member	
	Mr. Kenneth L. Wright		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 application to correct his records by awarding him the Purple Heart and showing that he completed Special Forces training.

APPLICANT STATES:  In effect, that the evidence submitted shows that he did receive combat related injuries for which he is entitled to receive the Purple Heart.  He also continues to aver that he received Special Forces training 

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 13 January 2000 (COPY ATTACHED).

The applicant submits a copy of a 1985 VA record that indicates a history of shrapnel injury to the left knee and right hip.  He submits service medical records showing a 29 May 1952 profile for a sprain to the medial collateral ligament from falling in to a fox hole and surgical intervention for an internal derangement to the left knee on 17 July 1953, circumstances unknown.  

These documents were not available to the Board previously and constitute new evidence that requires Board review.

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 additional documentation does not indicate a combat or hostile action cause for the applicant’s left knee injury nor is there any indication of shrapnel at the time of the surgical intervention. 

2.  Further, none of the documents relate to the applicant’s purported attendance at any Special Forces training.

3.  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.

4.  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

__EB ___  __TAP __  ___KLW_  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031629	
SUFFIX		
RECON	 	
DATE BOARDED	20000427 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100..00	
2.	107.0015	
3.		
4.		
5.		
6.