MEMORANDUM OF CONSIDERATION


	IN THE CASE OF:     
			     
	   

	BOARD DATE:           19 March 2002                   
	DOCKET NUMBER:   AR2001063254

	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

                        Director



                        Analyst

  The following members, a quorum, were present:




Chairperson



Member



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 request for award of the Purple Heart.

APPLICANT STATES:  He was wounded by shrapnel from a mortar round while in Vietnam.  However, the medical records recording his wound were lost.

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 5 August 1999 (AR1999020902).

In support of his request the applicant submits Department of Veterans Affairs medical records showing that shrapnel was removed from his nose in 1985.

In the Board’s original consideration of the applicant’s request, it was noted that none of the documents which would normally be expected to reflect a combat incurred wound reflected such a wound.  Based on that lack of documentation, the Board denied the applicant’s request.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

1.  While the applicant has submitted evidence that a piece of shrapnel was removed from his nose in 1985, that was 14 to 15 years after the alleged wound and 10 years after the applicant’s discharge from the Army.

2.  Fragment wounds are not military specific.  Fragment wounds are frequently suffered by people working in automotive repair shops and machine shops, just to name two.

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

__xx____  ___xxx___  ____xxxxaaaaaaaaaaaaaa  DENY APPLICATION




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



INDEX

CASE ID
AR200163254
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20020319
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107.00
2.

3.

4.

5.

6.





ABCMR Memorandum of                                                               AC
Consideration (cont)


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ABCMR Memorandum of                                                             AR2001063254
Consideration (cont)


2