BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001133 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001133 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 amending item 29 of his DD Form 214 by deleting the entry "flesh wound of the buttocks" and adding "wound, missile, shell fragment, penetrating, back, both buttocks and both thighs – Korea – 3 November 1952." ____________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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160001133 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 correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show in item 29 (Wounds Received as a Result of Action with Enemy Forces (Place and date, if known)), "lower extremity shrapnel wounds due to grenade" instead of "flesh wound of buttocks." 2. He states he believes the record is in error because the wounds were not documented correctly by the Department of the Army on his DD Form 214. He states his wounds were from the ankles up to the waist area. 3. He provides his DD Form 214. 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 3 August 1951. His DA Form 20 (Qualification Record – Enlisted Personnel) shows he served in Korea with the 160th Infantry Regiment from 22 February 1952 to 10 December 1952. 3. General Orders Number 152, issued by the Mobile Surgical Hospital, dated 3 November 1952, awarded him the Purple Heart for wounds received in action against the enemy in Korea on 3 November 1952. 4. A form from the 11th Evacuation Hospital and an admission diagnosis, dated 4 November 1952, show he was wounded by a missile on 3 November 1952 with penetrating wounds to his back, buttock, and both thighs. 5. A form from the 21st Evacuation Hospital, dated 6 November 1952, shows he was diagnosed with "wound, missile, shell fragment, penetrating, back, both buttocks and both thighs, no artery or nerve involvement." 6. A Battle Casualty Report, dated 10 November 1952, states he sustained a "flesh wound of buttocks by grenade fire while on patrol against the opposing forces." 7. Section 8 (Wounds Received Through Enemy Action) of his DD Form 230 (Service Record) contains the entry of "flesh wounds of buttocks" and shows the date 3 November 1952. 8. His DD Form 214 shows he was honorably discharged on 4 August 1954. Item 29 of his DD Form 214 contains the entry "flesh wound of buttocks." 9. His record also contains a DD Form 215 (Correction to DD Form 214) that shows he was awarded the Purple Heart. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time established standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states to enter chronologically each wound received as the result of enemy action during the period covered by the DD Form 214 being prepared. DISCUSSION: 1. The applicant requests that item 29 of his DD Form 214 be corrected to describe his wounding as "lower extremity shrapnel wounds due to grenade" instead of "flesh wound of buttocks." 2. The evidence of record shows the applicant was awarded the Purple Heart for wounds sustained on 3 November 1952 in Korea. The majority of the documents contained in his record describe the wounding as penetrating shell fragment wounds to the back, buttocks, and both thighs. These documents include a form from the 11th and 21st Evacuation Hospitals, an admission diagnosis, and a preoperative and anesthesia report. 3. The entry in item 29 of his DD Form 214 does not accurately record the diagnosis he received immediately after he was wounded, nor does the entry show the place and date of his wounding, which is well-documented in the available records. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001133 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001133 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2