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NAVY | BCNR | CY2005 | 06306-05
Original file (06306-05.rtf) Auto-classification: Approved
         DEPARTMENT OF THE NAVY
         BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX
         WASHINGTON DC 20370-5100
          JRE
 Docket No. 06306-05
          22 September 2006

 From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
Subj:
Ref:     (a) 10 U.S.C. 1552
End:     (1) DD Form 149
 (2)      Subjects naval record
1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with this Board requesting, in effect, that the applicable naval record be corrected to show that, in addition to the wounds already reflected in his record, he suffered shrapnel wounds to his penis and groin on or about 31 October 1965. He contends that no record of those wounds was made because medical personnel focused on and recorded only his more serious wounds.
2. The Board, consisting of Messrs. reviewed Petitioners allegations of error and injustice on 21 September 2006, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. Documentary material considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice, finds as follows:
a.       Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.
b.       Petitioner enlisted in the Marine Corps on 26 March 1964. He was wounded in action on 2 November 1965. Casualty messages and a medical board report dated 1 December 1965 indicate that he suffered a fractured left femur and shell fragment wounds to his left thigh
 in combat on 31 October 1965. An entry on page 9, Combat History-Expeditions, of his service record book (SRB), dated 2 November 1965, indicates that Petitioner sustained multiple shrapnel wounds “throughout” his body from a “bouncing Betty”. He was discharged by reason of physical disability on 19 May 1967, due to the residuals of those wounds.





CONCLUSION:

 Upon review and consideration of all the evidence of record, and especially in light of the contents of the 2 November 1965 entry in page 9 of his SRB, the Board finds the existence of an injustice warranting the following corrective action.

 RECOMMENDATION:

 a.       That Petitioner’s naval record be corrected to show that in addition to the wounds to his left thigh and femur he suffered on 31 October 1965, he received shell fragment wounds to his penis and groin on that date.
b.       That a copy of this Report of Proceedings be filed in Petitioner’s naval record.
4.       It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter.
ROBERT D. ZSALMAN        JAMES R. EXNICIOS
Recorder         Acting Recorder

 5.       Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.



 W. DEAN PFEIFFER -
 Executive Director

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