MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           22 October 2002
	DOCKET NUMBER:   AR2002076108

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Shirley L. Powell		Member	
	Mr. Elzey J. Arledge, Jr.		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:  The applicant defers to counsel.

COUNSEL CONTENDS:  That an excerpt from the applicant's service medical records reflects that on 8 (sic) September 1968 he was treated for residuals of shell fragment wounds in the upper right abdominal area with the foreign bodies being surgically removed.

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 14 July 1999 (docket number AR1999018179).

An extract from the applicant's service medical records show that he was treated on 10 September 1968 by the 1st Battalion, 46th Infantry, 198th Light Infantry Brigade battalion aid station.  The entry shows he had sustained a superficial fragment wound the previous afternoon/evening, apparently by an M-79 (a grenade launcher) in the upper abdominal area.  The foreign body was removed.  

In the processing of this case, the historical files of Company A, 1st Battalion, 46th Infantry, 198th Infantry Brigade were reviewed at the National Archives in College Park, MD.  The Brigade Daily Staff Journal or Officer's Log for the        24-hour period covering 9 September 1968 revealed that at five minutes to 1:00 a.m. that morning a unit from the 1st Battalion, 46th Infantry reported making contact on a listening post.  They blew their claymore and received an unknown number of Chinese Communist grenades resulting in three wounded.  The wounded were medically evacuated by helicopter by 1:30 a.m.  There is no other report from the 1st Battalion, 46th Infantry for that date.

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 new evidence shows the applicant was treated for a superficial fragment wound received the afternoon/evening of 9 September 1968.  The Brigade Daily Staff Journal or Officer's Log for that date shows that a unit of his battalion was involved in enemy action; however, it was in the very early morning hours of that date, not later in the day.  It shows that three individuals were wounded at that time; however, they had been medically evacuated by helicopter by 1:30 a.m., most likely to the nearest hospital.  The applicant was treated for his injuries a day later at the battalion aid station.  

2.  The new evidence is insufficient to show the applicant was wounded as a result of enemy action, a requirement to meet the eligibility criteria for award of the Purple Heart.

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

_ _FNE  _  __SLP__  ___EJA__  DENY APPLICATION

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

INDEX

CASE ID	AR2002076108	
SUFFIX		
RECON		
DATE BOARDED	2002/10/22	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.0015	
2.		
3.		
4.		
5.		
6.