IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110024279
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 (Report of Separation from the Armed Forces of the United States) to show he sustained a wound to his right forearm in Korea.
2. He states they were under fire by Chinese and North Korean enemy troops in the Chorwan area.
3. He provides:
* DD Form 214
* Standard Form 88 (Report of Medical Examination)
* DA Form 24 (Service Record)
* DA Form 20 (Enlisted Qualification Record)
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 applicants military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. His DD Form 214 shows he enlisted in the Regular Army on 12 November 1952. His Standard Form 88, dated 12 November 1952, indicates he had multiple 1/4 inch scars on his left hand.
4. His DA Form 24 shows he arrived in Korea on 14 May 1953 and departed on 29 June 1954. This document does not indicate he received wounds through enemy action.
5. His Standard Form 88, dated 7 November 1955, indicates he had a scar on his right forearm. The available evidence does not indicate he sustained a wound as a result of hostile action.
6. He was honorably released from active duty on 10 November 1955. His DD Form 214 shows the entry None in item 29 (Wounds Received as a Result of Action with Enemy Forces (Place and date, if known)).
7. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The regulation in effect at the time directed to enter chronologically each wound received as a result of enemy action during the period covered by the DD Form 214 being prepared. It also directed to show both date and place of action if recorded on records available at time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he sustained a wound to his right forearm in Korea is acknowledged. However, the available evidence does not support his claim.
2. His Standard Form 88, dated 7 November 1955, indicates he had a scar on his right forearm. However, this document alone is insufficient as a basis to show he sustained a wound as a result of hostile action.
3. In the absence of evidence of record which shows he was wounded or injured as a result of hostile action, there is an insufficient basis upon which to correct his DD Form 214 to show he was wounded in his right forearm.
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) AR20110024279
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ABCMR Record of Proceedings (cont) AR20110024279
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