RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            14 March 2006
      DOCKET NUMBER:   AR20050005991


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. Larry Racster                 |     |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 that his disabilities be deemed as combat
related.

2.  The applicant states that he served in Vietnam from 1971 to 1972 and
that he was exposed to Agent Orange and possibly other chemical agents.
Accordingly, he desires to have his disabilities deemed combat related.

3.  The applicant provides an Agent Orange Registry Code Sheet (VA Form IO-
9009) and a copy of a 1995 medical examination conducted at the Department
of Veterans Affairs.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 3 July 1991.  The application submitted in this case is dated 5
April 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.  He was inducted in Jacksonville, Florida, on 10 February 1971.  He
completed his training and was transferred to Vietnam on 4 December 1971,
for duty as a light wheel vehicle mechanic ,and served there until he was
transferred to Homestead Air Force Base, Florida, on 2 November 1972, in
the pay grade of   E-4.

4.  He remained on active duty through a series of continuous
reenlistments, was promoted to the pay grade of E-6 on 7 August 1982 and
served two tours in Korea and two tours in Germany.  He was reduced to the
pay grade of E-5 on 27 June 1989.

5.  On 28 February 1991, a medical evaluation board (MEB) conducted at Fort
Gordon, Georgia, diagnosed the applicant as having long-standing
sarcoidosis with moderate restrictive lung disease and moderate ventilatory
impairment, hemorrhoids, resolved, status post splenic rupture, and a
history of chronic allergic and vasomotor rhinitis, improved with current
therapy.  The MEB recommended that he be referred to a Physical Evaluation
Board (PEB).

6.  On 29 March 1991, a PEB determined that he was fit to be returned to
duty.  The applicant did not concur with findings and requested a formal
hearing with a personal appearance.

7.  On 30 May 1991, a formal PEB was conducted at Fort Gordon which
diagnosed him with having narcoidosis and recommended that he be medically
retired with an 80% disability rating.  The PEB also determined that his
disability was not the result of a combat related injury.  The applicant
concurred with the findings of that board.

8.  On 3 July 1991, he was retired  in the pay grade of E-5, by reason of
physical disability – permanent, under the provisions of Army Regulation
635-40, paragraph 4-24e(1).  He had served 20 years, 4 months and 25 days
of total active service and was awarded an 80% disability rating.

9.  On 28 August 1991, the Army Grade Determination Review Board determined
that the applicant should be advanced on the Retired List in the pay grade
of E-6, the highest grade he satisfactorily held while on active duty.

10.  Operation Ranch Hand was the Air Force’s Operation used to defoliate
inland hardwood forests, coastal mangrove forests and cultivated land in
Vietnam.  The program began in April 1961 and continued until January 1971.
 When Agent Orange, the most widely used herbicide was banned in 1970, the
Air Force was forced to spray all other available agents until Operation
Ranch Hand was banned on 7 January 1971.  In January 1971, only 16 square
miles of acreage was sprayed.

11.  Sarcoidosis is characterized by persistent nodular inflammation of the
involved tissues, lungs, lymph nodes, eyes, skin, liver and spleen are most
often involved, but almost any tissue or organ of the body may be affected.
 There has been an awareness of sarcoidosis for more than 100 years since
it was first described by a London surgeon-dermatologist in 1877.  The
cause of sarcoidosis is not known; however, this diagnosis is what is known
as a “diagnosis of exclusion”.  This term is used for a disease that has no
known cause.  There is no specific cure for sarcoidosis.  Since it is not
known what causes sarcoidosis, there is no known way to prevent its
occurrence in a given individual.


12.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement,
or Separation, provides, in pertinent part, that certain advantages accrue
to Soldiers who are retired for disability and it is determined that the
disability for which retired was incurred as a direct result of armed
conflict.  The PEB is responsible for making that determination at the time
it makes its final recommendation.

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.  The evidence suggests that the applicant was properly evaluated in
accordance with the applicable laws and regulations in effect at the time
with no indication of any violations of any of the applicant's rights.

3.  The applicant’s contentions have been noted; however, he had failed to
show through the evidence submitted with his application and the evidence
of record that his injuries are combat related.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 July 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 July 1994.  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

___KN __  __LB____  ____LR _  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.




                                  _____Kathleen Newman_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005991                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060314                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19910703                                |
|DISCHARGE AUTHORITY     |AR 635-40, CH 4, Para 4-24e(1). . . . . |
|DISCHARGE REASON        |Physical Disability Retirement          |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |184/cbt rel                             |
|1.108.0700              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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