IN THE CASE OF:
BOARD DATE: 26 MARCH 2009
DOCKET NUMBER: AR20080019170
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect in block 30 (REMARKS) that he was wounded on the left forehead.
2. The applicant states that his DD Form 214 incorrectly reflects in block 30 that he was wounded in the left forearm, when in fact it was the left forehead.
3. The applicant provides a copy of his Purple Heart orders.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army in Portland, Oregon, on 19 February 1964, for a period of 3 years and training as a medical specialist. He completed his basic training at Fort Ord, California and advanced individual training (AIT) at Fort Sam Houston, Texas before being transferred to Fort Riley, Kansas for duty as a medical specialist. He was assigned to Headquarters and Headquarters Company, 2nd Battalion, 18th Infantry Regiment, 1st Infantry Division.
3. On 25 June 1965, he was transferred to Vietnam with his unit. He was advanced to the pay grade of E-4 on 25 October 1965.
4. On 29 January 1966, while on a search and destroy mission, the applicant received a fragmentation wound to the left side of his forehead when hit by fragments from an enemy grenade. He was awarded the Purple Heart and the Bronze Star Medal with "V" Device for that engagement.
5. He departed Vietnam on 29 May 1966 and was transferred to Nashville, Tennessee for duty in the Armed Forces Entrance Examination Station. He was promoted to the pay grade of E-5 on 11 August 1966.
6. On 17 February 1967, he was honorably released from active duty due to the expiration of his term of service (ETS). He had served 2 years, 11 months and 29 days of total active service and his DD Form 214 reflects in block 30, the entry "Shrapnel wound in Left Forearm VIET NAM 29 Jan 66."
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 incorrectly reflects that he received a shrapnel wound to the left forearm has been noted and found to have merit. The applicant's wound was to the left forehead and that information should be corrected at this time.
2. Accordingly, it would be in the interest of justice to correct his DD Form 214 to reflect in block 30, the entry "Shrapnel wound in left forehead Vietnam
29 January 1966."
BOARD VOTE:
___X_____ ___X_____ __X______ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. deleting from block 30 of his DD Form 214 the entry "Shrapnel wound in Left Forearm VIET NAM 29 Jan 66"; and
b. adding the entry in block 30 of his DD Form 214 "Shrapnel wound on left forehead Vietnam 29 January 1966."
_______ _ XXX _______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080019170
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ABCMR Record of Proceedings (cont) AR20080019170
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