IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130004125
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 item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) to show he received a shrapnel wound to his right bicep not his right knee.
2. The applicant states he was wounded by shrapnel to his right upper extremity slightly above the elbow on 27 September 1968 while in Vietnam. His DA Form 20 shows the wound was to his right knee. This error has caused the Department of Veterans Affairs (VA) Disability Rating Committee to deny him benefits.
3. The applicant provides copies of letters with enclosures from the:
* VA Regional Office, Winston-Salem, North Carolina, dated 22 February 2008,
* North Carolina VA Department of Administration, dated 3 June 2008
* VA Board of Veterans' Appeals, dated 6 January 2010
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 was inducted into the Army of the United States on 2 January 1968. He held military occupational specialty 11B (Light Weapons Infantryman).
3. His DA Form 20 shows in:
a. item 31 (Foreign Service) he served in Vietnam from 1 July 1968 through 26 June 1969;
b. item 40 he received a fragment wound to his right knee on 27 September 1968; and
c. item 41 (Awards and Decorations) the Purple Heart is listed among his authorized awards.
4. His medical records are not available for review.
5. His DD Form 214 shows he was released from active duty on 17 December 1969 in the rank of sergeant/E-5. He had completed 1 year, 11 months, and
6 days of active service. The Purple Heart is listed among his awards.
6. He provides a:
a. 22 February 2008 VA letter with several VA documents including an extract of his VA Claim that was approved on 28 September 1990. Decision on page 2, paragraph 2 states: Service connection is not established for shrapnel wound to the right upper extremity with arthritis and triceps weakness.
(1) 3 June 2008 North Carolina VA Department of Administration letter in which the applicant was informed the VA had previously denied him service-connection for mechanical low back pain with scoliosis and for a shrapnel wound to the right arm extremity with arthritis and triceps weakness. Additionally, this letter acknowledged the applicant had an appeal pending for an increase of his 50% post traumatic stress disorder (PTSD) condition.
(2) 6 January 2010 VA Board of Veterans Appeals' letter informing him that his appeal for an increase in the 50% he had been awarded for PTSD was remanded for additional development.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not provide any evidence showing the wound listed on his DA Form 20 is not correct as recorded.
2. In view of the above, 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) AR20110003811
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130004125
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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