RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            11 January 2007
      DOCKET NUMBER:   AR20060005064


      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:

|     |Mr. Bernard Ingold                |     |Chairperson          |
|     |Mr. Ronald Gant                   |     |Member               |
|     |Mr. Edward Montgomery             |     |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 all of his reports of
separation (DD Form 214) be corrected to reflect that he had a hearing loss
and back condition at the time of separation.

2.  The applicant states, in effect, that he suffered a hearing loss and
back condition and he desires those disabilities to be reflected on his DD
Forms 214.

3.  The applicant provides copies of his DD Forms 214 dated from 2 December
1959 to 30 November 1981, a chronology of his assignments to positions
requiring exposure to loud noises, his Department of Veterans Affairs (VA)
Rating Decision dated 31 January 2005, copies of medical documents showing
that he was diagnosed with a hearing loss and that he was issued hearing
aids on 10 October 1978, and two letters of appreciation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 November 1981.  The application submitted in this case is
dated 15 March 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 United States Army Reserve (USAR) on 30
July 1957, for a period of 6 years.  He was ordered to active duty on 13
August 1957 for a period of 2 years and remained on active duty through a
series of continuous reenlistments.

4.  He was promoted to the pay grade of E-7 on 13 September 1972.  On
5 October 1978, he underwent a hearing evaluation at Walter Reed Army
Medical Center, Washington, D.C. and on 10 October 1978, he was issued a
hearing aid for high frequency hearing loss and was enrolled in an Aural
Rehabilitation Program.

5.  He continued to serve as a mechanical maintenance supervisor at
Aberdeen Proving Ground, Maryland and was promoted to the pay grade of E-8
on 2 June 1979.  He remained at Aberdeen Proving Ground until he was
honorably released from active duty (REFRAD) on 30 November 1981 and was
transferred to the USAR Control Group (Retired) effective 1 December 1981,
due to length of service.  He had served 21 years, and 11 months of total
active service.

6.  A review of the available records fails to show any indication that the
applicant was not deemed fit for separation or that he should have been
retired by reason of physical disability.

7.  Title 38, United States Code, sections 310 and 331, permits the VA 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.

8.  Army Regulation 635-40, Physical Evaluation for Retention, Retirement,
or Separation, provides that the mere presence of an impairment does not,
of itself, justify a finding of unfitness because of physical disability.
In each case, it is necessary to compare the nature and degree of physical
disability present with the requirements of the duties the member may
reasonably be expected to perform because of his or her office, rank, grade
or rating.

9.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It makes no provisions to enter an individual’s physical
disabilities in any portion of the DD Form 214.  However, there are
provisions to indicate in the Narrative Reason for Separation that an
individual is separated by reason of physical disabilities, if such was the
case.

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.  While the applicant did suffer from a hearing loss while on active duty
and may have suffered from a back condition, the applicant continued to
perform his duties, was promoted and served until he was transferred to the
Retired Reserve.

3.  The applicant’s contention that his disabilities should be reflected on
his DD Forms 214 has been noted and found to be without merit.  His medical
condition was required to be documented in his medical records, that were
transferred to the VA upon his release from active duty and there are no
regulatory provisions for making such entries on a DD Form 214.
Accordingly, there is no basis to grant his request.

4.  The fact that the VA, in its discretion, has awarded the applicant a
disability rating is a prerogative exercised within the policies of that
agency.  It does not, in itself, establish physical unfitness for
Department of the Army purposes nor does it constitute a basis to enter his
disabilities on his DD Forms 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1981; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 November 1984.  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

____BI__  ___RG __  ___EM __  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.




                                  _____ Bernard Ingold_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005064                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |189/COR 214                             |
|1.110.0000              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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