IN THE CASE OF:	

		BOARD DATE:	  9 December 2008

		DOCKET NUMBER:  AR20080014580 


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 that his Standard Form (SF) 600, Chronological Record of Medical Care, be corrected to show that he was injured during a training exercise at Fort Campbell, Kentucky on 14 September 1982.

2.  The applicant states that the medic failed to indicate where the accident happened and what he was doing at the time of the injury.  The Combat Related Special Compensation (CRSC) board told him that he would have to have his medical records corrected in order to receive benefits for his right knee.

3.  The applicant provides an SF 600.

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 military records show that he enlisted on 11 December 1978 with 5 years, 10 months, and 26 days of prior active service.  He served as a motor transport operator.

3.  The SF 600 submitted by the applicant shows that on 14 September 1982, the applicant was treated for being stung in both knees and behind his head 13 or 14 times by yellow jackets.

4.  The applicant was honorably released from active duty on 31 January 1993 for years of service and placed on the Retired List the following day.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's records do not contain, and the applicant has not submitted, any evidence to show where the accident happened and what he was doing at the time of injury. 

2.  As such, there is insufficient evidence to grant the applicant's request.

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)                                         AR20080014580



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ABCMR Record of Proceedings (cont)                                         AR20080014580


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