MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           6 July 2000                  
DOCKET NUMBER:   AR1999034598

	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			
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Carl M. Fowler		Chairperson	
	Mr. Ernest M. Willcher 		Member	
	Mr. John P. Infante		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 for wounds received in Korea.

APPLICANT STATES:  In effect, that the Department of Veterans Affairs (VA) has granted him service connection based in part on statements indicating that he received shrapnel wounds during his service in Korea.  He contends that the 1988 letter, previously submitted, from a former soldier clearly shows that his wounds were combat related. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's consideration of his case on 3 September 1997 (COPY ATTACHED).

The applicant submits a portion of what appears to have been a May 1997 VA post traumatic stress disorder (PTSD) evaluation and rating decision.  The single page of this evaluation indicates that the VA has determined that the evidence of record showed that the applicant had received shrapnel wounds in combat and that as a result of his service he was suffering from PTSD. 

The partial VA document was not available to the Board previously and constitutes new evidence that requires Board review.

The applicant again submits a letter from a fellow soldier stating that he recalled that the applicant was wounded in the leg on June of 1953 and that he assisted him to the aid station.  

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 report of the VA examination does not meet the criteria for award of the Purple Heart by showing that there is a record of treatment for a wound sustained as the result of enemy action or while the applicant was in action against an enemy.

2.  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.

3.  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

___CFM_  ___ENW    __JPF  __  DENY APPLICATION

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

INDEX

CASE ID	AR1999034598	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000706	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.