RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 August 2005
DOCKET NUMBER: AR20050000871
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Ms. Beverly A. Young
Analyst
The following members, a quorum, were present:
Ms. Margaret Patterson
Chairperson
Mr. Ronald Blakely
Member
Ms. Linda Barker
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 29 (Wounds Received as a Result of Action with Enemy Forces) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was wounded on the "right thigh" instead of the "left thigh."
2. The applicant states that this error may have caused his disability earnings to be less than they should have been.
3. The applicant provides a supplemental letter from his daughter; his DD Form 214; three Clinical Records-Narrative Summary (Standard Form 502); and Information from the Hospital Admission Cards created by the Office of The Surgeon General.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred on 22 April 1954. The application submitted in this case is dated 28 December 2004.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicants failure to timely file.
3. The applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
4. The applicant was inducted into the Army on 8 July 1952. He held military occupational specialty 1666 (Chief Medical Aidman) and served in Korea.
5. The applicant was honorably separated from active duty on 22 April 1954 and was transferred to the U.S. Army Reserve. His DD Form 214 shows the United Nations Service Medal, the Korean Service Medal with one bronze service star, the Combat Medical Badge, the National Defense Service Medal, the Good Conduct Medal, and the Purple Heart as authorized awards.
6. Item 29 on the applicant's DD Form 214 shows he was wounded in the left thigh on 17 May 1953. There are additional entries in item 29 which further describe his wound; however, they are illegible.
7. The applicant's Clinical Record dated 12 April 1959 indicated that there was a scar over the posterior aspect of his right thigh. This document also indicated that the applicant was 60 percent service connected for a gunshot wound to his abdomen and right thigh.
8. His Clinical Record dated 4 November 1959 indicated that a postoperative scar was present on the posterior surface of his right thigh also due to a prior gunshot wound.
9. There is no evidence of record available which indicates the applicant sustained wounds to his left thigh.
DISCUSSION AND CONCLUSIONS:
1. The medical documents submitted by the applicant show he was 60 percent service connected for a gunshot wound to his abdomen and right thigh.
2. There is no evidence of record available which shows the applicant was wounded on his left thigh. However, his DD Form 214 was prepared to reflect he received a wound to his left thigh on 17 May 1953.
3. It appears that an administrative error has occurred in this case. Based on the available evidence, it would be appropriate to amend the applicant's DD Form 214 to show he received wounds to his right thigh instead of his left thigh.
4. Records show the applicant should have discovered the alleged error or injustice now under consideration on 22 April 1954; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 21 April 1957. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
MP______ RB______ LB______ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 29 on his DD Form 214 to show the entry "Right Thigh."
Margaret Patterson____
CHAIRPERSON
INDEX
CASE ID
AR20050000871
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20050825
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
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