MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:             2 September 1999                 
	DOCKET NUMBER:	AC84-02635B
		AR1999014415

	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. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas N. Kuhn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. James M. Alward		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, a recent chest X-ray showing a 1.5 mm retained metallic body in his back and, since he has worked in an office for the last 20 years, any source for that fragment other than from the artillery attack is entirely unlikely. 

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  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 18 September 1985 (COPY ATTACHED).  The applicant’s interim request was administratively closed.

The applicant submits a copy or the X-ray report to substantiate his case. 

The applicant’s submission constitutes new evidence that requires Board consideration.  The statement from his Vietnam companion was available for the original consideration and is not new evidence.

Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment 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 applicant’s submission is insufficient to overcome the fact that the situation does not meet the regulatory criteria for award of the Purple Heart.  Furthermore, the presence of a retained metallic fragment in the soft tissue of a individual’s back is not proof that it was obtained in combat or as a result of enemy action.  The Board finds it no more unlikely that it was the result of some other source than that the applicant was wounded in the back and was unaware of it at the time or for the next 30 years. 

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

___TNK_  ___MKP__  ___JMA_  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC84-02635B
AR1999014415	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES        1.	107.00	
2.		
3.		
4.		
5.		
6.