RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 March 2007 
	DOCKET NUMBER:  AR20060011392 


	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. Wanda L. Waller

Analyst

The following members, a quorum, were present:


Mr. Thomas Ray

Chairperson

Mr. Jeffrey Redmann

Member

Mr. James Hastie

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, in effect, that his DD Form 214 (Report of Transfer or Discharge) for the period ending 25 August 1967 be corrected to show that he was shot in his right leg in Germany; the location of his Strike Force in Vietnam and exposure to Agent Orange; and that he participated in the Edgewood Arsenal experiment.   

2.  The applicant states that his health issues are a result of his time in Vietnam and participation in the Edgewood Arsenal experiment.  He contends that he should be service connected, that recognition is in order, and that compensation is due. 

3.  The applicant provides a letter, dated 30 June 2006, from the Department of Veterans Affairs (DVA); an excerpt titled “BZ Bombs Away;” and a copy of his DD Form 214 for the period ending 25 August 1967.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred on 
25 August 1967.  The application submitted in this case is dated 20 July 2006.

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 applicant’s failure to timely file.

3.  The applicant was inducted on 19 October 1960.  He served as a light weapons infantryman in Germany from 7 May 1962 to 9 October 1962 and was released from active duty on 9 October 1962.  He enlisted on 20 February 1963 for a period of 3 years.  He served as a medical specialist in Korea from 29 June 1963 to 19 July 1964 and was honorably discharged on 25 August 1964 for immediate reenlistment.  He reenlisted on 26 August 1964 for a period of 3 years.        

4.  There is no evidence of record which shows the applicant was shot in his right leg while serving in Germany. 

5.  There is no evidence of record which shows the applicant served in Vietnam.
6.  The applicant’s Volunteer’s Participation Agreement, dated 4 January 1967, shows he participated in a “Medical Research Volunteer Program” at Edgewood Arsenal, Maryland.  Records show he participated in this program from 4 January 1967 to 28 February 1967.  Records also show the applicant received an undated Letter of Commendation for his participation in the military volunteer research program.

7.  In support of his claim, the applicant provided a letter from the DVA which states that he participated in tests at Edgewood Arsenal in Maryland during his tour of service in the Army.  The purpose of this letter was to inform him about the tests and what to do if he had related health concerns. 

8.  Army Regulation 635-5 (Personnel Separations/Separation Forms) governed the preparation of the DD Form 214.  The regulation in effect at the time stated, in pertinent part, that wounds received as a result of action with enemy forces would be entered in item 27 (Wounds Received as a Result of Action with Enemy Forces) on the DD Form 214.  There is no provision to show wounds not received as the result of action with enemy forces.  There is also no provision to show participation in experiments. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does not support the applicant’s contention that he was shot in the right leg in Germany.  Nevertheless, in accordance with the governing regulation, only wounds received as a result of action with enemy forces would be shown on the DD Form 214.  Therefore, there is no basis for granting this portion of the applicant’s request.     

2.  Since there is no evidence of record which shows the applicant served in Vietnam, there is no basis for granting his request to show the location of his Strike Force in Vietnam.   

3.  Evidence of record shows the applicant participated in a “Medical Research Volunteer Program” at Edgewood Arsenal, Maryland during the period 4 January 1967 to 28 February 1967.  However, there is no provision in the governing regulation to show participation in experiments/research programs on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request to show he participated in the Edgewood Arsenal experiment.  However, copies of these documents will be provided to the applicant.  
   

4.  The DVA does not fall under the purview of this Board or the Department of Defense.  The DVA, operating under its own policies and regulations, assigns disability ratings as it sees fit.

5.  Records show the applicant should have discovered the alleged errors now under consideration on 25 August 1967; therefore, the time for the applicant to file a request for correction of any error expired on 24 August 1970.  The applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

TR_____  __JR____  __JH____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence provided which shows that it would be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  Therefore, there is insufficient basis to waive the statute of limitations for timely filing or for correction of the records of the individual concerned.



___Thomas Ray_____
          CHAIRPERSON




INDEX

CASE ID
AR20060011392
SUFFIX

RECON

DATE BOARDED
20070301
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
100.0000
2.

3.

4.

5.

6.