RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                            27 OCTOBER 2005
      DOCKET NUMBER:                    AR20050001633


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Ronald DeNoia                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin Meyer                  |     |Chairperson          |
|     |Mr. Allen Raub                    |     |Member               |
|     |Ms. Linda Simmons                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to
show his military injury was a service connected injury and that he was
discharged by reason of physical disability.

2.  The applicant states that during basic training he slipped on the floor
of a truck and fractured his coccyx bone (tailbone).  He states that his
injury was misdiagnosed and has reoccurred at a later age and that he
should receive compensation for this.  He also states that during his pre-
induction examination of the pilonidal sinuses, there was no sign of
drainage, infection, or inflammation.

3.  The applicant provides a Standard Form (SF) 88 (Record of Medical
Examination); six pages of medical diagnoses and dispensary consultations;
and a SF 509 (Doctor's Progress Notes), which is undated.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged (error or
injustice) which occurred on 26 March 1955.  The application submitted in
this case is dated 3 January 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s 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  the
applicant’s 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.

4.  The applicant's DD Form 214 (Report of Separation from the Armed Forces
of the United States) shows that he was separated on 26 March 1955 by
reason of reduction of involuntary extension of enlistment.

5.  Items 18 through 42 of the SF 88 shows examination of different parts
of the body and requires a check mark next to each indicating "Normal" or
"Abnormal."  A check mark appears in all "Normal" boxes including item 20
(Sinuses).

6.  There is a section in the SF 88 to record notes concerning any
abnormalities during the examination.  This section is entitled "Notes-
Describe every abnormality in detail."  This section contains the note "20-
Pilonidal sinuses – no signs of drainage, infection, masses induration or
imflammation."

7.  The dispensary records show that the applicant's symptoms were pain
while sitting and lifting.  He was diagnosed with a Pylonidal Cyst on 21
December 1953 and X-rays of the coccyx were prescribed.  On 22 April 1954
the diagnosis stated "X-rays shows deviation of (illegible) coccyx probably
due to old fracture.

8.  The dispensary records also note that the applicant additionally
suffered from a boil on his left buttock.  On 17 May 1954 the diagnosis
states that "pilonidal sinus is inactive."  On 30 June 1954 the records
state that the boil was draining and pus evacuated.  There are no medical
records dated after 30 June 1954 in the available records.

9.  The applicant's records contain a separation physical, dated 25 March
1955. This examination shows "no serious injuries", no Army
Hospitalization" and 'no complaints of a medical nature."

10.  Title 38, United State Code, permits the Department of Veteran's
Administration (DVA) to award compensation for a medical condition which
was incurred in or aggravated by active military service.  The VA, however,
is not required by law to determine medical unfitness for further military
service.  The VA, in accordance with its own policies and regulations,
awards compensation solely on the basis that a medical condition exists and
that said medical condition reduces or impairs the social or industrial
adaptability of the individual concerned. Consequently, due to the two
concepts involved, an individual's medical condition, although not
considered medically unfitting for military service at the time of
processing for separation, discharge or retirement, may be sufficient to
qualify the individual for VA benefits based on an evaluation by that
agency.

DISCUSSION AND CONCLUSIONS:

1.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.
2.  Evidence shows that the applicant was diagnosed and treated for his
injury.  Contrary to the applicant's contention that his fracture of the
coccyx was misdiagnosed as a pilonidal cyst, records show that medical
personnel diagnosed his injury as a deviation of the coccyx probably caused
by an old fracture.  The applicant received treatment by qualified medical
personnel for this injury in addition to the boil on his buttocks.

3.  Item 20 of the applicant's SF 88 refers to nasal sinuses.  Webster's
Dictionary defines pilonidal as "a growth of hair in a dermoid cyst or in
the deeper layers of the skin."

4.  The applicant was released from active duty by reason of reduction in
his involuntary enlistment, not due to a military injury. Although there is
no justification to change the applicant's reason for discharge, he may
apply to the DVA for evaluation and benefits.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 March 1955; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 March 1958.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ____AR _  ____LS__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.


2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Melvin Meyer_______
                                            CHAIRPERSON


INDEX

|CASE ID                 |AR20050001633                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]