BOARD DATE:    22 October 2015

		DOCKET NUMBER:  AR20150004057 


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, the spouse of a deceased former service member (FSM), requests, in effect, that the FSM's records be corrected to show his death was not the result of "self-destruction while mentally unsound."

2.  The applicant states that:

   a.  She doesn't understand how it was possible for a right-handed man to shoot himself in the left temple with an M-14 rifle and then have the rifle land over his legs.

   b. Their family has had to live for over 49 years with what they believe is an injustice to the FSM's name and his service to his country.  The official record shows he took his own life, yet statements indicate that was not the case.  Things happen during the "fog of war" and sometimes expedient investigations do not fully take into account clear facts that are evident in this misguided investigation and the official ruling.
   
   c.  Their family believes that under no circumstances would the FSM take his own life.  Neither statements nor forensic evidence indicate that to be the case.  As far as the applicant can see there never was any forensic investigation done.

	d.  The applicant has a "true copy" of a letter the FSM left behind.  If it is a 
true copy why isn't it in his own handwriting?  Also, he did not have a typewriter to use.

3.  The applicant provides –

* DA Form 10-249 (Certificate of Death (Overseas)), dated 28 March 1966
* Letter from FSM's commander, dated 28 March 1966
* Orders appointing an Investigation Officer (IO), dated 28 March 1966
* Memorandum for record from the IO concerning a criminal investigation 
* Clinical Record, dated 28 March 1966
* DA Form 2173 (Statement of Medical Examination and Duty Status), dated 31 March 1966
* DA Forms 52-2 (Statements of Casualty), dated 11 April 1966 and 
26 August 1966
* DA Form 2800 (CID Report of Investigation),dated 25 April 1966,
including several statements relating to the FSM's death
* A letter the applicant copied from Lieutenant Colonel (LTC) W______ A_______ 
* "true copy" of FSM's letter, dated 25 March 1966
* Letters from the National Archives and Records Administration, Office of the Inspector General, and the Army Review Board Agency


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 FSM enlisted in the Regular Army on 30 April 1964.  He held military occupational specialty 94B (Cook).

3.  He began his Vietnam service on 5 August 1965.  He was assigned to the 624th Quartermaster Company.  He held the rank/grade of specialist four (SP4)/E-4.

4.  On 28 March 1966, the FSM suffered a gunshot wound to his head.  He was transferred to the 93rd Evacuation Hospital and he died shortly after arrival.  Major A____ T. H_____, of the 60th Ordnance Detachment was appointed as an investigating officer (IO).

5.  The FSM's company commander sent a letter, dated 28 March 1966, to the FSM's wife expressing his profound sympathy for her loss.  He indicated the incident occurred on the porch of the tent in which the FSM lived.

6.  A DA Form 10-249, dated 28 March 1966, shows the FSM's cause of death was "Gunshot wound of head."

7.  A DA Form 2173, dated 31 March 1966, shows the FSM was admitted to the 93rd Evacuation Hospital at 0150 hours 28 March 1966, he died from a gunshot wound to the head, and he was not under the influence of alcohol or drugs and was mentally sound.

8.  A Reason for Reversal of Findings and Substituted Findings states, "In the opinion of the Surgeon General member was mentally unsound at time of self-destruction and such mental unsoundness was not due to his own misconduct."  The findings is signed "For the Surgeon General" by W______ S. A_______, Lieutenant Colonel, Medical Corps, Surgeon General's Office (SGO).

9.  A DA Form 2800, dated 25 April 1966, shows a CID investigation was conducted from 28-31 March 1966.  The report indicated the FSM died as the result of suicide.  Several statements are included with the investigation from Soldiers who knew the FSM and some who were with him the evening of the incident.  Several indicated the FSM had been drinking that evening and had shot himself in the head.  Included is a "true copy" of the FSM's letter, dated 
25 March 1966, to his wife.  The letter was apparently typed from the FSM's handwritten version.

10.  A DA Form 52-2, dated 26 August 1966, shows the FSM "died on 28 March 1966 in Vietnam, as the result of gunshot wound to the head.  Self-destruction while mentally unsound."

11. The applicant provides hand printed transcript of a letter from LTC A_______, Medical Corps, SGO.  She indicates that she "put a mirror on this statement."  The applicant has highlighted, "no copy of the investigation has been made available to any individual.  The witness statements appear to be beyond question."

12.  The FSM's records contain a letter from The Adjutant General, dated 
29 August 1966, forwarding a revised official statement pertaining to the FSM.  A DD Form 1300, dated 26 August 1966, shows the FSM "died on 28 March 1966 in Vietnam, as a result of a gunshot wound of the head.  Self-destruction while mentally unsound."

13.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR considers individual applications that are properly brought before it.  In appropriate cases, it directs or recommends correction of military records to remove an error or injustice.  The ABCMR will decide cases on the evidence of record.  Paragraph 2-2 states that the ABCMR is not an investigative body.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows the FSM died on 28 March 1966 in Vietnam, as a result of a gunshot wound of the head (self-destruction while mentally unsound).  

2.  An IO was appointed and a CID Report of Investigation was completed.

3.  On 26 August 1966 a Report of Casualty was prepared indicating the FSM died as the result of a self-inflicted gunshot wound of the head.

4.  Concerning the "true copy" of the FSM's letter, this phraseology was commonly used to indicate that the document was an unedited transcript of the original.  It was not in the FSM's handwriting because copy machines were almost non-existent in Vietnam.

4.  The Board decides cases on the evidence of record and begins its consideration of each case with the presumption of administrative regularity.  The Board is not an investigative agency and the applicant has the burden of proving an error or injustice by a preponderance of the evidence.  Therefore, in the absence of additional credible evidence to support the applicant's contention, there is insufficient evidence to change the FSM's record. 

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)                                         AR20130005206



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ABCMR Record of Proceedings (cont)                                         AR20150004057



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