MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           7 February 2002
	DOCKET NUMBER:   AR2001063980

	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	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		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 her request that her deceased brother, hereinafter referred to as the former service member (FSM), in effect, be awarded a second Purple Heart and a Silver Star Medal.

APPLICANT STATES:  In effect, that the FSM was twice wounded in Vietnam; that his heroism on the field of battle in May 1967 is deserving of the Silver Star; that he suffered greatly from his wounds and from Agent Orange-induced cancer which eventually killed him.  In support, the applicant provides two letters written by the FSM directly after his wounding; a copy of General Orders Number 74, Headquarters, 24th Evacuation Hospital, dated 15 May 1967, awarding the FSM the Purple Heart for wounds received on 14 May 1967; a copy of General Orders Number 1826, headquarters, 9th Infantry Division, dated 16 June 1967, awarding the FSM the Purple Heart for wounds received on 13 May 1967; a copy of a 23 August 1988 Veterans Administration rating decision; pages from an internet website titled The Vietnam Experience; a copy of a newspaper picture showing a soldier purported to be the FSM; pictures of the FSM taken in August 1999; and a copy of a letter from a friend to the FSM’s brother lamenting the FSM’s passing.

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 (AR2001055044) on 2 August 2001.

By way of new evidence, the applicant submits two letters written by the FSM on 26 May 1967 and 24 August 1967.  The letters were written from hospitals in Vietnam and Japan.  In the first letter, the FSM informs his mother that he was wounded, “. . . in both legs, arms, chest and stomach; the only place where I wasn’t wounded was the face.”  In the second letter, the FSM writes to the applicant and states that he’d had another operation on his arm.

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 1967 letters written by the FSM to his mother and to the applicant refer to his treatment for multiple wounds arising out of one action that occurred on 13 May 1967 in the Mekong Delta region of Vietnam.  These letters do not support the applicant’s contention that the FSM was wounded on two separate occasions.

2.  The two different orders awarding the FSM the Purple Heart are for the same action.  The FSM was seriously wounded in a firefight in the Mekong Delta on 13 May 1967.  He was medically evacuated to the 24th Evacuation Hospital for treatment.  On 15 May 1967, the hospital published General Orders Number 74 awarding the FSM the Purple Heart, “for wounds received in action on 14 May 1967 [sic].”  Later, on 16 June 1967, the FSM’s unit published General Orders Number 1826 also awarding the FSM the Purple Heart for wounds received in connection with military operations against a hostile force on 13 May 1967 [the correct date of the action].

3.  There is no evidence in the FSM’s service record, nor has the applicant provided any, to show that the FSM was ever recommended for an award of the Silver Star.  Based on the fact that the FSM’s unit was conscientious enough to ensure that the FSM was placed on orders to receive his Purple Heart, even after the FSM had been medically evacuated to Japan and would not be returning to his unit, it would appear that, had he been recommended for the Silver Star, the unit would have followed through with the processing of that prestigious award.

4.  The Board has absolutely no doubt that the FSM was an excellent soldier who served honorably and well.  The Board agrees with the applicant that the FSM suffered greatly as a result of his wounds and, in his later years, from cancer.  The Board sympathizes with the applicant and understands her desire to see the FSM’s suffering recognized; however, 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.

5.  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

_FNE ___  _MKP ___  __LE ___  DENY APPLICATION

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

INDEX

CASE ID	AR2001063980	
SUFFIX		
RECON	20010802	
DATE BOARDED	20020207	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	107.0007	
2.	107.0015	
3.		
4.		
5.		
6.