IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110006831
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 Separation or Discharge), item 27 (Wounds Received As A Result of Action With Enemy Forces), to show Frags right arm and chest.
2. The applicant states his DD Form 214 incorrectly reflects in item 27 the entry Frags left arm and chest when in fact he was wounded in the right arm and chest.
3. The applicant provides a copy of his DD Form 214.
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 was inducted into the Army of the United States on 28 July 1964. He completed the training requirements and he was awarded military occupational specialty 56B (General Warehouseman).
3. He was transferred to Vietnam on 17 August 1965 and on 23 February 1966 he sustained fragmentation wounds to the right arm and chest. He was awarded the Purple Heart in General Orders Number 889 issued by Headquarters, 1st Cavalry Division on 26 March 1966.
4. He departed Vietnam on 11 June 1966 and was transferred to Fort Buchanan, Puerto Rico where he was honorably released from active duty (REFRAD) on 23 June 1966 as an overseas returnee. His DD Form 214 issued at the time of his REFRAD shows in item 27 the entry Frags left arm and chest.
5. On 11 July 1966, officials at the Transfer Point, Puerto Rico requested that Fort Benjamin Harrison, Indiana correct the applicants DD Form 214, item 27, to reflect the entry Frags right arm and chest. There is no evidence in the applicants records to show the request was ever acted upon.
6. Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention has been noted and found to have merit. The applicant was wounded on the right arm and chest. However, his DD Form 214 incorrectly reflects that he was wounded on the left arm and chest.
2. Accordingly, his DD Form 214 should be corrected to reflect in item 27 the entry Frags right arm and chest.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 amending his DD Form 214, dated 23 June 1966 by:
* deleting from item 27 the entry Frags left arm and chest
* adding in item 27 the entry Frags right arm and chest
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Vietnam War are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110006831
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ABCMR Record of Proceedings (cont) AR20110006831
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