MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          03 OCTOBER 2002                    
	DOCKET NUMBER:  AR2002075208

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Charles Gainor		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 earlier appeal to correct his military records to show award of the Purple Heart.

APPLICANT STATES:  In effect, that he recently found additional documents which would support his petition for award of the Purple Heart.  Included with his current application was a copy of his original application to the Board, a list of soldiers who were killed during the Gulf War, a memorandum of record regarding the loss of unit and personal equipment as a result of an "IRAQI SCUD MISSLE (sic) ATTACK" on 25 February 1991, a list of soldiers in his unit who were wounded or killed in action on 25 February 1991, a copy of his "Assumption of Command" memorandum, and documents associated with awards of the Purple Heart to other members of his unit for wounds sustained as a result of hostile action on 25 February 1991.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2002069565) on 21 May 2002.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The applicant’s submission of additional documents constitutes new evidence that was not in his records at the time of the Board 21 May 2002 action, and as such, requires consideration by the Board.

The documents submitted with the applicant's current application further confirm that he was commander of the 477th Transportation Company (Petroleum) (Provisional), at the time the unit was attacked by an Iraqi missile on 25 February 1991.  The applicant's name was not among those listed as wounded or killed during the attack.  However, documents provided by the applicant do confirm that those individuals, who were listed as casualties, were awarded the Purple Heart.

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.  While the Board notes that evidence submitted with his original application, and evidence submitted with his most current application, confirm that his unit did sustain a Iraqi missile attack on 25 February 1991, and that members of the applicant's unit who were wounded or killed during the attack, were awarded the Purple Heart, there continues to be no evidence that the applicant was wounded or treated for wounds as a result of hostile action in Southwest Asia.  As such, there continues to be insufficient evidence on which to base an award of the Purple Heart in this case.

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

__INW __  __WTM  _  __CG___  DENY APPLICATION

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

INDEX

CASE ID	AR2002075208	
SUFFIX		
RECON	YES	
DATE BOARDED	20021003	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.