IN THE CASE OF:
BOARD DATE: 2 September 2014
DOCKET NUMBER: AR20140001260
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 that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show the entry Wound GSW left arm (forearm) and chest Vietnam.
2. The applicant states, in effect, that his DD Form 214 incorrectly reflects the entry Wound Fragment wound left arm (forearm) and chest Vietnam when in fact it was a gunshot wound that went through his arm and chest.
3. The applicant provides no additional documents with his application.
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 31 July 1964 for a period of 3 years under the airborne enlistment option. He completed his basic training at Fort Leonard Wood, MO, his advanced individual training as an infantryman at Fort Polk, LA and his airborne training at Fort Benning, GA and was transferred to Fort Campbell, KY for his first duty assignment.
3. On 8 July 1965, he was transferred to Vietnam with his unit. On
24 October 1965, while on a search and destroy mission, the applicant sustained a gunshot wound (GSW) to the left forearm and chest. The casualty report indicates that his wound was the result of enemy action and that he was treated at the 85th Evacuation Hospital.
4. He departed Vietnam on 7 July 1966 and was transferred back to Fort Campbell where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 2 years, 11 months, and 28 days of active service. His DD Form 214 shows he was awarded the Parachutist Badge, National Defense Service Medal, Purple Heart, Vietnam Service Medal, Combat Infantryman Badge, Vietnam Campaign Medal, and his marksmanship badges.
5. In item 30 of his DD Form 214 is the entry Wound Fragment wound left arm (forearm) and chest Vietnam.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 incorrectly reflects that he sustained a fragment wound instead of a GSW has been noted and appears to have merit.
2. The applicant sustained an enemy GSW to the left arm and chest on
24 October 1965 while on a search and destroy mission and is entitled to have the correct information reflected on his DD Form 214.
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:
* Deleting from item 30 of his DD Form 214 the entry Wound Fragment wound left arm (forearm) and chest Vietnam and replacing it with the entry: "Wound GSW left arm (forearm) and chest Vietnam"
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) AR20140001260
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ABCMR Record of Proceedings (cont) AR20140001260
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