BOARD DATE: 9 June 2011
DOCKET NUMBER: AR20100028429
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 correction of his Standard Form (SF) 600 (Chronological Record of Medical Care) to read "Pt in explosion 13 July
." and "Pt involved in enemy action
." He also requests that aid station medical notes be corrected to read "Pt has been in enemy action involving
.13 July 67."
2. The applicant states, in effect, his medical records show he was injured in an accident instead of showing he was injured while engaged in combat with enemy forces.
3. The applicant provides copies of:
* SF 600
* Aid Station Medical Documentation
* Five supporting statements, all dated during the year 2010
* A notarized, self-authored statement/narrative, dated 28 August 2010
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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's official military records are not available for review. Information contained in these proceedings was obtained from documents submitted by him.
3. He was inducted into the Army on 19 November 1965. He completed training as an automatic weapons crewman.
4. The applicant was honorably released from active duty on 12 October 1967. The DD Form 214 he received shows the following awards:
* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Marksman Marksmanship Qualification Badge (Rifle M-14)
* One Overseas Service Bar
5. The applicant submits an SF 600 dated 17 July 1967, which shows he was in an explosion on 15 July. He submits a second SF 600 dated 15 July 1967 showing he was involved in an accident in which an M42 was blown up. It shows he injured his neck trying to escape from the truck and that the accident occurred "2 days ago," which would have been on 13 July 1967. His Aid Station medical documentation dated 15 July 1967 shows he "has been in an accident." The "Extract from the Daily Log" shows the accident occurred on 13 July 1967.
6. The applicant also submits five supporting statements from individuals contending they were there at the time of the incident. These individuals state:
* the incident occurred on the evening of 13 July 1967
* they were engaging the enemy when the incident occurred
* an M-42 Duster, of which the applicant was a crewmember, blew off one of its gun top covers, causing him (the applicant) to be injured
* they were firing and receiving fire from the enemy
* the applicant was medically evacuated after he lost consciousness for a few minutes
7. The applicant's name is not shown on the Vietnam Casualty Listing.
8. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting documents have been considered.
2. His SF 600 dated 17 July 1967 does indicate that he was involved in an accident on 15 July 1967. Another entry on his SF 600, which was made on 15 July 1967, shows the accident occurred 2 days earlier, which would have been on 13 July 1967.
3. While there is a clear discrepancy in the date that the accident occurred, the discrepancy is not so egregious as to warrant changing medical records that were prepared over 40 years ago.
4. The supporting statements and the "Extract from the Daily Log" he submits are not sufficiently mitigating to warrant changing his medical records to show that his accident was the result of enemy action.
5. In view of the foregoing, the applicant's request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__x______ ___x_____ ___x__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ _x______ ___
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) AR20100028429
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ABCMR Record of Proceedings (cont) AR20100028429
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