IN THE CASE OF:	  

		BOARD DATE:	       17 September 2008

		DOCKET NUMBER:  AR20080009495 


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, in effect, correction of his records to show that he was not “accidentally” struck by a gunshot.  

2.  The applicant states, in effect, that the individual did not accidentally shoot him.  He states that the individual walked in the back door of the barracks, was playing around with his gun, and shot him.  He alleges that the door incident had nothing to do with his gunshot.  He states that he would like his statement added to his record because it was “no accident.”  

3.  The applicant provides supplemental statements in support of 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 was inducted into the Army of the United States on 18 November 1970.  At the completion of basic combat and advanced individual training, he was awarded military occupational specialty 31M (radio relay and carrier attendant).  His highest grade held was private first class, E-3.  

3.  The applicant was assigned to Korea on 18 June 1971.

4.  A 1 July 1971 telegram addressed to the applicant’s mother and an undated Western Union telegram addressed to his wife stated, in part, “Specialist ________________ was injured in Korea on 30 June 1971 while in his billets when another individual going to guard duty accidentally struck his weapon against the door causing it to discharge.  K______ received a gunshot wound to the left shoulder.  He was treated and hospitalized in Korea…." 

5.  The applicant departed Korea on 31 May 1972 and was released from active duty on 1 June 1972.  There are no medical documents available in the applicant’s service personnel records.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contends that the individual was playing around with his gun and shot him.  

2.  The telegrams in the applicant’s service personnel records indicate he received a gunshot wound to his left shoulder by the accidental discharge of an individual’s weapon.  However, there is no evidence of record, and the applicant has provided no evidence to substantiate his claims.  

3.  Therefore, there is insufficient evidence on which to correct the applicant’s records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___xx___  __xx____  ___xx___  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.



      ________xxxx__________
               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)                                         AR20080009495



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ABCMR Record of Proceedings (cont)                                         AR20080009495



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