BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000998 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ____x____ _____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000998 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 9 May 2017 DOCKET NUMBER: AR20160000998 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 the entry "ear drums blown out in military service." 2. The applicant states, in effect, he was at the Department of Veterans Affairs Healthcare System of the Ozarks, Fayetteville, AR, and the doctor told him that his DD Form 214 needed to show his ear drums were blown out in the military. He would like this added to his DD Form 214. His ear drums were damaged when an artillery piece exploded during the Korean War. 3. The applicant provides no 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's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. The applicant's DD Form 214 shows he enlisted in the Army National Guard. He was called from inactive duty and entered active duty on 21 August 1950 in Paris, AR. 4. His DD Form 214 also shows on 26 March 1952, at the time of separation, he held military occupational specialty 3705 (Field Artillery), and his most significant duty assignment (i.e., last duty assignment) was with Battery B, 937th Field Artillery Battalion. 5. His DD Form 214 shows he completed 1 year, 7 months, and 16 days of creditable active military service of which 11 months and 25 days was foreign service. It also shows he was awarded or authorized the: * Korean Service Medal with 2 bronze service stars * United Nations Service Medal 6. Item 29 (Wounds Received as a Result of Action with Enemy Forces) of his DD Form 214 shows the entry "None." 7. Item 38 (Remarks) of his DD Form 214 shows “no lost time,” blood type, accrued leave, he completed the tour for which called to active duty, and his permanent pay grade was “PFC 21 Aug 50.” 8. His service medical records are not available for review. REFERENCE: Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Item 38 of the version in effect at the time reflected mandatory entries required by Headquarters, Department of the Army, and some entries that are too long for their respective blocks. DISCUSSION: The applicant served on active duty from 21 August 1950 to 26 March 1952. He held an artillery specialty and served in Korea: a. The DD Form 214 is a summary of a Soldier's most recent period of continuous active service. It is not intended to capture every aspect of a Soldier's service. Aside from combat wounds or separation due to disability, there is no provision to list medical issues on the DD Form 214. Medical issues are recorded in the serve member's medical record. b. The term "service-connected" defines disability types in the VA system. Service connected means the veteran is disabled due to an injury or illness that was incurred in or aggravated by military service. Non-service connected means the veteran is disabled due to an injury or illness not related to military service. The Army does not use the term "service-connected." //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000998 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000998 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2