IN THE CASE OF:	  

		BOARD DATE:	  6 October 2011

		DOCKET NUMBER:  AR20110006231 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Southeast Asia and his injury.

2.  He states he was injured in Vientiane, Laos on 2 May 1963 and his DD Form 214 does not list this information or his time there.  His DD Form 214 only lists that he served 3 years and 3 months in the U.S. Army and has no information showing his time in the Southeast Asia theater.  He served in Laos as a generator specialist in a Crypto Compound.  On 2 May 1963, while repairing a generator, it leaked and a spark ignited the whole generator, shed, and him.  He was taken to a clinic in town and then flown to Bangkok, Thailand and admitted to a hospital.  He was on the critical list for 6 weeks.  He lost his left ear totally and the top half of his right ear.

3.  He further states that after some of his wounds were healing he was assigned back to his old 65th Engineer unit as a battalion mail clerk.  He had 13 surgeries trying to rebuild his left ear, but to no avail.  They finally gave up.  He was discharged in November 1964.  He was awarded 50 percent (%) service-connected compensation from the Department of Veterans Affairs.  He has received no medals or anything concerning his Southeast Asia service.  It’s almost as if he was not there.  There should have been some kind of medical data somewhere showing the origin of his injury.

4.  He provides copies of his Embassy of the United States Identity Card and his Official U.S. Passport.

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 applicant’s 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 applicant’s 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 on 7 August 1961 for a period of
3 years in the rank/grade of private (PV1)/E-1.  He completed training and he was awarded military occupational specialty 352.10 (Engineer Missile Equipment Specialist).

3.  His record contains a DA Form 24 (Service Record) that shows in:

* section 4 (Chronological Record of Military Service), he was assigned to:

* Headquarters and Headquarters Company, 65th Engineer Battalion,
25th Infantry Division from 29 October 1962 to 14 February 1964
* Medical Holding Company, Walter Reed General Hospital, Washington, D.C. from 5 March through 13 November 1964 (his expiration of term of service (ETS)) in a patient status

* section 5 (Service Outside Continental United States) he served in Hawaii from 29 October 1962 to 4 February 1964
* section 8 (Wounds Received Through Enemy Action) no entry (blank)

4.  A Medical Evaluation Board (MEB) Proceeding, dated 9 November 1964, shows he was found to be medically unfit for further military service as a result of injuries incurred on 2 May 1963 in a gasoline explosion in Bangkok, Thailand.  The MEB recommended his return to duty for administrative separation (ETS).  The MEB’s findings and recommendation were approved on 13 November 1964.

5.  He was honorably released from active duty on 13 November 1964 at his ETS in the rank/grade of specialist four (SP4)/E-4.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 3 years, 3 months, and 7 days of total active service.  The DD Form 214 he was issued at the time show in:

* Item 24c (Foreign and/or Sea Service) the entry "1  4  7" which indicates he completed 1 year, 4 months, and 7 days of foreign service during his period of service
* Item 27 (Wounds Received as a Result of Action with Enemy Forces) the entry "None"

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214.  It stated Item 24c would list the total active duty outside continental limits of the United States for the period covered by the DD Form 214.  It also stated Item 27 would chronologically list each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Hawaii from 28 October 1962 through 5 March 1964, a period of 1 year, 4 months, and 7 days.  He was released from active duty on 13 November 1964 and he provided a DD Form 214 showing this foreign service in Item 24c.

2.  There is no evidence in his active duty record and he has failed to provide compelling evidence to show he served in Laos during the period covered by this DD Form 214.  Therefore, he is not entitled to correction to Item 24c of this      DD Form 214 to show he served in Southeast Asia.

3.  The evidence of record also shows he was injured on 2 May 1963 in a gasoline explosion in Thailand.  There is no evidence of record to show, and he does not contend that, his injuries occurred as a result of enemy action.

4.  In accordance with regulatory guidance in effect at the time of the preparation of this DD Form 214, the wounds he received were not entered in Item 27 since they were not received as a result of enemy action.  Therefore, he is not entitled to correction of Item 27 of his DD Form 214 to show he was wounded on 2 May 1963.

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)                                         AR20110006231



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ABCMR Record of Proceedings (cont)                                         AR20110006231



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