ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  13 June 2019

	DOCKET NUMBER:  AR20170019430


APPLICANT REQUESTS: add shrapnel wound to his left upper thigh incurred in Vietnam on 2 February 1968 to his service record.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 20 (Enlisted Qualification Record), pages 3-4
* Standard Form 88 (Report of Medical Examination), dated 4 June 1969 (front page)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, he was injured by shrapnel to his left upper thigh, and suffered loss of consciousness while in Vietnam.  He states his records show a wound to his abdomen, which he verifies happened on or about 17 June 1968.  He mentions he also had the injury to his left thigh four months earlier and entered the hospital in Japan on 18 February1968.

3.  The applicant provided highlighted, numbered areas on the following documents:

a. Pages 3 and 4 of his DD Form 20: 

* block 38 (Record of Assignments), shows the applicant was a patient at 
MHD (Medical Holding Detachment), 7th Field Hospital, U.S. Army Pacific (USARPAC) on or about 18 February 1968 
* block 40 (Wounds), shows the applicant received a shrapnel wound to the abdomen on or about 17 June 1968
* block 40 does not show the applicant received any additional injuries on or about 13 February 1968
b. The front page of the applicants Standard Form 88, dated 4 June 1969, shows: 

* notes area shows handwritten “P-3 Profile for convulsions”
* item 37 (Lower Extremities) shows in the notes, handwritten “L” circled, with 4 words following (the handwriting is not clearly legible, but the words “thigh few” immediately follow the circled “L”) 

4.  A review of the applicant’s service record shows:

	a.  He enlisted in the Regular Army on 13 September 1966.

	b.  He served in Vietnam under as an infantryman with Company A, 1st Battalion, 3rd Infantry, 11th Infantry Brigade, from 5 October 1967 to 30 November 1968.

	c.  His name is shown twice on the Vietnam casualty roster, a compilation of most of those who were wounded in Vietnam that is most commonly used to verify eligibility for the Purple Heart.  The dates shown are: 13 February 1968 and 17 June 1968.

	d.  Special Orders (SO) Number 55, dated 24 February 1968, issued by US Army Vietnam, released the applicant from US Army Vietnam Patient Casual Company and attached him to Medical; Holding Detachment (MHD), 7th Field Hospital, effective 18 February 1968.

	e.  SO Number 63, dated 25 March 1968, issued by Headquarters, 7th Field Hospital, released the applicant from attachment to the MHD, 7th Field Hospital and reassigned him to Patient Casualty Detachment, US Army Personnel Center Far East (FE) effective 25 March 1968.

	f.  Item 40 (Wounds) of his DA Form 20 shows he received a shrapnel wound to his abdomen on 17 June 1968, but does not show any wounds received on or around 13 February 1968. 

	g.  On 3 May 1969, the applicant submitted a request for early separation to attend school.  His immediate and intermediate commanders endorsed the applicant’s request and the separation authority approved the request on 13 May 1969.

	h.  Some of the applicant’s medical records are available for review with this case. His exit physical exam, documented on:

      (1)  Standard Form 88, dated 4 June 1969, notes area, reference the P3 profile for convulsions, and a left thigh injury or issue as previously explained in paragraph 3b.

      (2)  Standard Form 93 (Report of Medical History), dated 4 June 1969, block 39 references cramps in legs and loss of memory with convulsions, but does reference leg or abdominal wounds incurred in Vietnam.

	i.  He was honorably released from active duty on 20 June 1969.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 2 years, 9 months, and 8 days of total active service.

6.  By regulation (AR 600-200), DA Form 20-Item 40, enter a brief description of wounds or injuries (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.  Enter the date wounded or injured.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the partial relief was warranted.  The applicant’s record shows he was injured in the abdomen on 17 February 1968 as a result of shrapnel to the abdomen.  His record also shows he was a patient on 18 February 1968, but it does not provide enough detail to indicate the cause for the in-patient care.  Based upon the record, although not requested, the Board determined that the applicant was eligible to be awarded the Purple Heart for injuries incurred on 17 February 1968 and recommended it be added to his DD Form 214.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Purple Heart for wounds incurred as a part of combat on 17 June 1968 while service in Vietnam.
2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding a second wound to the applicant’s service record as a result of injuries while serving in Vietnam.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation (AR) 600-200 (Enlisted Personnel Management System), paragraph 9-53, provides enter a brief description of wounds or injuries in item 40 of the DA Form 20 (including injury from gas) requiring medical treatment, received through hostile or enemy action, including those requiring hospitalization.  Enter the date wounded or injured.

3.  AR 635-200, paragraph 5-20, provides enlisted personnel may be discharged, released from active duty or active duty for training for the convenience of the government in order to return to school or to accept teaching positions when their services are not essential to the mission of their assigned organization. 



ABCMR Record of Proceedings (cont)	 AR20170019430


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