RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060002335


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Tucker                  |     |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 service medical records be
corrected to show that he was hospitalized at Fort Ord, California and
treated for injuries during the period January 1953 to July 1953.

2.  The applicant states, in effect, that he was injured during a basic
training exercise when a hand grenade exploded near him and that he was
treated and hospitalized at Fort Ord, California.  He contends that health
complications were not detected until after his release from active duty.
He also states that the Department of Veterans Affairs refuses to provide
the necessary medical care as a service-connected disability because he
cannot prove he was hospitalized at Fort Ord, California or that the
incident occurred.

3.  The applicant provides seven attachments which are outlined on his
application in item 17 (Remarks).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 January 1955.  The application submitted in this case is undated;
however, the application was received in this office on 14 February 2006.

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 enlisted in the U.S. Army Reserve (USAR) on 24 October
1952 for a period of 3 years.  He was ordered to active duty on 7 January
1953 for a period of 24 months.  He trained as a unit supply specialist.
On 6 January 1955, the applicant was released from active duty and returned
to the USAR to complete his remaining service obligation.

4.  The applicant underwent a separation physical examination and was found
qualified for separation.  His Standard Form 89 (Report of Medical
History), dated
4 January 1955, shows he marked “No” for items 34 (Have you ever had any
illness or injury other than those already noted? (If yes, specify when,
where, and give details)) and 35 (Have you consulted or been treated by
clinics, physicians, healers, or other practitioners within the past 5
years? (If yes, give complete address of doctor, hospital, clinic, and
details)).

5.  There is no evidence in the available records which shows the applicant
was hospitalized at Fort Ord, California during the period January 1953 to
July 1953.

6.  The applicant was honorably discharged from the USAR on 24 October
1960.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that he was injured and hospitalized at
Fort Ord, California during the period January 1953 to July 1953, there is
no evidence of record to support this contention.  In the absence of
compelling evidence to the contrary, there is no basis for granting the
applicant's request to amend his service medical records.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 6 January 1955; therefore, the time for the
applicant to file a request for correction of any error expired on 5
January 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

WC___  _JR_______  _DT____  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.




                                  __William Crain___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002335                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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