MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:  10 November 1999
	DOCKET NUMBER:  AR1999014091

	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. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Ms. Margaret V. Thompson		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 previous application to correct his records by awarding him the Purple Heart.

APPLICANT STATES:  In effect, that his military records are in error because they do not show that he was awarded the Purple Heart for being wounded in action.

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 30 September 
1998 (COPY ATTACHED).

The applicant submitted a copy of chronological record of medical treatment that indicated on 24 January 1969, he was treated in an emergency room for a metal fragment in his left cheek.  The record further indicated that the wound was successfully treated for swelling and infection; and that he was given medication and advised to return within 4 to 5 days to have the wound sutured.  There was nothing in this report to indicate that the wound was sustained as the result of hostile action during his assignment in Vietnam.

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 applicant’s request for the award of the Purple Heart lacks merit considering the new evidence submitted by him.

2.  Although the record of his hospital treatment shows that he sustained an injury to his cheek from a metal fragment, there was nothing in the record of his treatment to substantiate that this injury was sustained as a result of hostile action during his service in Vietnam. 

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

__IW___  ___CG__  ___MT__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991110	
TYPE OF DISCHARGE	NA	
DATE OF DISCHARGE	NA	
DISCHARGE AUTHORITY	NA	
DISCHARGE REASON	NA	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107	
2.		
3.		
4.		
5.		
6.