IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150003490 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 military records to show he was medically retired. 2. He states he was physically unfit for military service at the time of his discharge. He states he was in the hospital for over a year because of the wounds he received. He adds he still has a portion of his lower spine that is exposed, covered only by skin. He maintains he has been in pain since 23 January 1967. He states he went before a medical review board at Ireland Army Hospital, Fort Knox, KY which was a "railroad job" since 100 percent (%) of the civilian doctors he has seen stated that he should have been medically discharged. 3. He does not provide any additional evidence. 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 24 March 1966. He completed basic and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). He served in the Republic of Vietnam (RVN) from 13 December 1966 to 12 December 1967. 3. On 24 January 1967, he was wounded in action, and he was awarded the Purple Heart. He was reassigned to the Medical Holding Company, Ireland Army Hospital, Fort Knox, Kentucky. 4. A Narrative Summary, dated 5 March 1968, shows he was admitted to Ireland Army Hospital on 21 March 1967 and he was discharged on 8 February 1968. The summary states: a. Present Illness: This 25 year old on 24 January 1967, while in the RVN incurred multiple gunshot wounds involving the left flank and buttock and also the left leg. Associated with the wounds of the left flank and buttock were comminuted fractures of the sacrum and also ileo perforation. On the date of injury, the applicant underwent debridement of the wounds and an exploratory laparotomy with closure of the perforation of the ileum. On 27 January 1967, redebridement of the wounds of the right flank was carried out. On 2 February 1967, a delayed primary closure of the wounds of the left leg and left hip was carried out with redebridement of the wound of the buttock. The wound of the buttock was treated with packings and the applicant was transferred to the continental United States for further evaluation and treatment. Upon his arrival here, the wounds of the left leg were healed. There was a large 1 x 5 inch wound just to the left of the midline involving the buttock. There was no exposed bone present within the wound. The wounds of the left leg were healed. There was no neurological or vascular deficit involving the lower extremities. b. Hospital Course: The applicant was treated with soaks involving the wounds of the buttock. This continued to fill in rather nicely and on 15 May 1967, split thickness skin graft from the right thigh was placed over the wound of the buttock. Approximately 70% takeage of this split thickness skin graft with the remainder of such being allowed to heal in. It persisted through a sinus tract from the area of the left buttock which on 27 October 1967, exploration was carried out with this sinus tract extending into the soft tissues. The soft tissue wound and sinus tract was entirely excised and left open and thereafter continued on daily packings. With such regimen the applicant in late November 1967, completely healed over the wound and it has remained healed over except for one episode of breaking down in the latter part of December 1967. c. Discharge Diagnoses/Disposition: Gunshot and multiple fragment wounds of left flank, buttock, and left leg with associated comminuted fracture of the sacrum. Ileo perforation secondary to number one, above. Dismissed on L3T (lower extremities "3" temporary) profile. The applicant is to be seen back in the Orthopedic Clinic in four weeks. 5. On 14 February 1968, the applicant underwent an expiration term of service examination. His Standard Form (SF) 88 (Report of Medical Examination) and SF 89 (Report of Medical History) show that he listed his health in item 17 (Statement of Examinee's Present Health In Own Words) of his SF 89 as "Good." He was subsequently determined "Qualified for Separation" on his SF 88 by his physician. 6. A DA Form 8-118 (Medical Board Proceedings) shows on 21 March 1968, a Medical Evaluation Board (MEB) convened to consider his conditions of gunshot wound to left flank; gunshot wound to buttock; comminuted fracture to sacrum, healed; and adherent scar, left buttock. The board recommended the applicant be returned to duty. Item 35 contains three statement: (1) "I have been informed of the approved findings and recommendations of the Board." (2) "I do not agree with the Board's action and desire to appeal." (3) "My written appeal is attached as inclosure no." On 21 March 1968, the applicant lined out statement 2 and 3 and signed the MEB Proceedings. 7. The applicant's record is void of a statement of disagreement with the MEB findings and recommendations. 8. On 23 March 1968, he was honorably released from active duty and transferred to a U.S. Army Reserve Control Group. He was credited with completing 2 years of active duty service. His last duty assignment was listed as the Medical Holding Company, Ireland Army Hospital. 9. Army Regulation 40-3 (Medical Services – Medical, Dental, and Veterinary Care), in effect at the time, provides guidance on the preparation of the DA Form 8-118. The regulation states, in pertinent part, in reference to item 35 and 36 [Applicant's] (Typed Name Grade and Service Number) that when an individual is being retained in a medical treatment facility to receive required treatment, these items will be completed when the approved board action is made known to the patient. If the patient disagrees with the action, attach a statement of the patient's reason. When the patient does not disagree, line out the second and third sentences in item 35. 10. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to Soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. When a Soldier is being processed for separation for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation is an indication the individual is fit. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant sustained multiple gunshot wounds to the left flank, buttock, and the left leg on 24 January 1947, while assigned in the RVN. He was admitted to the Ireland Army Hospital on 21 March 1967. His Narrative Summary shows that he was discharged on 8 February 1968, with a temporary profile for lower extremities. 2. The record further shows he underwent a separation examination on 14 February 1968 and he indicated that he was in "good" health. The physician determined he was qualified for separation. 3. The evidence also shows an MEB was convened on 21 March 1968 to consider his conditions of gunshot wound to left flank and buttock, comminuted fracture to sacrum, and adherent scar, left buttock. The board recommended the applicant be returned to duty. The applicant signed the board proceedings which indicated that he agreed with the findings and recommendations of the board. 4. No medical evidence has been presented by the applicant to demonstrate an injustice in the medical treatment he received while in service. Absent evidence to the contrary, it appears the applicant was physically fit at the time he was released from active duty on 23 March 1968. 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) AR20150003490 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003490 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1