MEMORANDUM OF CONSIDERATION

IN THE CASE OF:      

BOARD DATE:           15 March 2000                   
DOCKET NUMBER:   AR1999034571

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Van B. Cunningham		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.

APPLICANT STATES:  In effect, that he received small fragment wounds from an enemy grenade to his right shoulder and that the letter from a member of the tank company that transported him to the aid station collaborates his statement.

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 11 August 1999 (COPY ATTACHED).

The statement in support of the applicant was not available to the Board previously and constitutes new evidence that requires Board review.

The applicant submits a statement from a former member of the 78th Tank 5th Regiment Tank Company.  This individual recalls that his tank unit rescued the applicant’s infantry unit and that the soldiers who were rescued were wounded. 

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 statements of individuals are inadequate as the sole basis for an award of the Purple Heart because they do not fulfill the regulatory requirement that there be a record of medical treatment.  They are normally, however, accepted as a substantiation of the combat or the enemy origin of a wound for which there is a record of treatment.

2.  Furthermore, although the record shows that the applicant was hospitalized at the time in question, there is no indication that he had been wounded nor treated for the injuries he is now claiming.

3.  Therefore, 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:

________  ________  __VBC__  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __MKP__  ________  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999034571	
SUFFIX		
RECON	 	
DATE BOARDED	20000315 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.