MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 September 2002  
	DOCKET NUMBER:   AR2002073711

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Karen Y. Fletcher		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of a medical record.

APPLICANT STATES:  In effect, that there are three incorrect entries on DA Form 8-275-3 (Clinical Record Cover Sheet), dated 22 September 1967.  He contends that his military occupational specialty (MOS) should be 11B40 instead of 11B41; that the entry, “burning trash” should be “burning track”; and that the entry, “Phu Mi” should be “Phu My.”  In support of his application, he submits a letter of explanation, dated 22 April 2002; a map of Vietnam; DA Form 8-275 (Clinical Record Cover Sheet), dated 22 September 1967; DA Form 8-275-3 (Clinical Record Cover Sheet), dated 22 September 1967; an undated clinical record; five clinical records, dated 22 September 1967; and orders for award of the Bronze Star Medal with “V” Device.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant initially served 12 years of active duty in the Air Force and entered the Army on 10 August 1960.  On 31 January 1969, the applicant retired in the rank of platoon sergeant after completing over 20 years of active duty. 

Item 22 (Continuation of Items 13 and 20) on the applicant’s DA Form 8-275-3 (Clinical Record Cover Sheet) shows the entry, “MOS: 11B41.”  

Item 23 (Diagnoses) on the DA Form 8-275-3 shows the entry, “Dg [diagnosis] 
1:  1st and 2nd degree burns of right face, ear, and right upper chest and arm.  No artery or nerve involvement.  Treated, Improved.  AI [accidental injury]:  EM [enlisted member] was burning trash when an explosion occurred approx [approximately]  1050 hrs, 22 Sep 67 [September 1967], near Phu Mi.  LD [line of duty]:  Yes, CO [commanding officer] and Surgeon agree.”

The applicant’s DA Form 20 (Enlisted Qualification Record) shows that at the time of his hospitalization his duty MOS was 11B4H.

The applicant’s service personnel records do not contain any evidence that he was burned as the result of a fire in a military tracked vehicle caused by a rocket propelled grenade fired by the enemy.

The applicant provided a map which shows a Vietnamese village named Phu My.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and it is concluded:

1.  The Board noted that there is a discrepancy in regard to the applicant’s MOS as it appears on his DA Form 20 and the medical record in question.  

2.  The Board also noted there is a discrepancy between the spelling of the name of the Vietnamese village where the applicant was injured, specifically, “Phu My” or “Phu Mi.”

3.  There is no evidence, and the applicant has provided no evidence, which conclusively refutes the entries on the clinical record cover sheet in regard to the cause of his injuries.  The Board noted that the handwritten and typed written copies of DA Form 8-275 show that the applicant was accidentally injured in the process of burning trash when an explosion occurred.

4.  Upon review of the evidence, the Board determined the discrepancy in the applicant’s MOS and the spelling of the Vietnamese village are clerical errors which have no bearing on the medical determinations related to the applicant’s injuries.  Therefore, the Board determined that it is not appropriate or necessary to correct these clerical errors, particularly, since they have no bearing on the medical facts stated on the clinical record cover sheet. 

5.  In the absence of compelling evidence to the contrary, the Board also determined that there is no basis to amend or otherwise correct any of the medical determinations contained in item 23 of the clinical record cover sheet.  

6.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

RVO____  RJW____  KYF_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002073711	
SUFFIX		
RECON		
DATE BOARDED	20020926	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.