IN THE CASE OF: BOARD DATE: 28 January 2014 DOCKET NUMBER: AR20130006335 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 Standard Form (SF) 88 (Report of Medical Examination), dated 9 July 1953, to show he suffered partial right-side hearing loss. 2. The applicant states: * he entered the Catholic University of Puerto Rico after discharge and he did not know who to contact for a copy of his hearing test which proves his allegation * he joined the Army while living in Puerto Rico at age 19 * he was assigned in Korea to a regimental combat team as a rifleman and was required to stand guard on a daily basis * he stood in a trench every night and sometimes for 24 hours * the trench was located next to a tank that would start shooting every night at 6:00 and was located on his right side * he developed inner ear problems that resulted in partial deafness * the situation was not diagnosed at the time of his release * he wrote the Department of Veterans Affairs (VA) years later with hopes of obtaining medical assistance for what he considers a partial disability; however, he never received a reply to his request * he has received partial medical services and has to pay for his prescriptions and, if suggested, pay for a specialist * he has never been offered nor has he asked for disability compensation even though it has been suggested 3. The applicant provides self-authored statements. 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 and medical 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 the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in the reconstructed record for the Board to conduct a fair and impartial review of the case. 3. On 4 October 1951, the applicant as inducted into the Army of the United States at Fort Buchanan, Puerto Rico. He completed training and was transferred to Korea where he served 11 months and 12 days before being returned to Puerto Rico. 4. His SF 88, dated 9 July 1953, shows he was medically evaluated prior to his discharge and does not show any hearing impairment. 5. On 22 July 1953, he was honorably released from active duty and transferred to the Enlisted Reserve Corps. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 1 year, 9 months, and 19 days of creditable active service. 6. On 12 June 2007, the ABCMR corrected his records to show his race as Hispanic. On 3 December 2007, he was issued a DD Form 215 (Correction to DD Form 214) to show this change. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his SF 88 to show a partial hearing loss was carefully considered. 2. The available record is void of any evidence and the applicant fails to provide any documentary evidence showing he suffered hearing loss while in the Army. 3. The ABCMR does not grant requests solely for the purpose of making the applicant eligible for veterans' benefits. Every case is individually decided based upon its merits. Additionally, granting of veteran's benefits is not within the purview of the ABCMR. Therefore, any questions regarding eligibility for VA benefits should be addressed to the VA. 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) AR20130006335 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130006335 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1