RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060005716


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Scott W. Faught               |     |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 military medical records be corrected
to show he suffered from a stroke, not bilateral Bell's Palsy.

2.  The applicant states that while serving in Vietnam he contracted
"Falciprin malaria" and while in the hospital suffered a stroke.  The
stroke resulted in paralysis of his face, loss of blink reflex, inability
to close his eyes, and his tear ducts and salvia glands dried out.  The
diagnosis given him at the time of his release from the hospital was
bilateral Bell's Palsy but he has been told that no such condition exists.
Civilian doctors have told him his problems are the result of damage to the
"old brain at the base of the skull" caused by blood clots and his long
period of high temperature.  He states that neither the military nor
Department of Veterans Affairs doctors ever did x-rays to determine the
cause of his problems.

3.  The applicant provides a copy of a computer tomography (CT) head scan
report.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 July 1969, the date of his retirement.  The application
submitted in this case is dated 11 April 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's service medical records are believed to be on
indefinite loan to the Department of Veterans Affairs (VA) and as such are
not available for review by the Board.

4.  The records show the applicant first served on active duty in the Navy
from 18 July 1947 through 17 April 1950.  He enlisted in the Army on 7 May
1955 and served on continuous active duty.

5.  The applicant was released from active duty and transferred to the
Retired Reserve based on length of service, effective 31 July 1969, with 20
years and 18 days of active service.

6.  His DA Form 20 (Enlisted Qualification Record) shows the applicant
served in Vietnam from 3 February 1963 through 31 July 1963 and again from
5 September 1966 through 9 July 1967.

7.  The available record contains no indication of any hospitalizations
during his period of service in Vietnam.  There is no indication the
applicant was ever afforded either a temporary or permanent profile.
Although the actual separation examination is not of record, the record
does indicate the applicant was found qualified for separation.

8.  A 28 June 1998 CT report indicates the applicant has an area of
diminished attenuation in the tip of the left temporal lobe that could
represent an old focal infarct, residuals of birth trauma, or a
developmental abnormality.

9.  The National Institute of Neurological Disorders and Stroke (NINDS)
describes Bells Palsy Bell's palsy as a form of temporary facial paralysis
resulting from damage or trauma to one of the two facial nerves.  The
facial nerve-also called the 7th cranial nerve-is a paired structure that
travels through a narrow, bony canal (called the fallopian canal) in the
skull, beneath the ear, to the muscles on each side of the face.  For most
of its journey, the nerve is encased in this bony shell.  Each facial nerve
directs the muscles on one side of the face, including those that control
eye blinking and closing, and facial expressions such as smiling and
frowning.  Additionally, the facial nerves carry nerve impulses to the
lacrimal or tear glands, the saliva glands, and the muscles of a small bone
in the middle of the ear called the stapes.  The facial nerve also
transmits taste sensations from the tongue.  When Bell's palsy occurs, the
function of the facial nerve is disrupted, causing an interruption in the
messages the brain sends to the facial muscles.  This interruption results
in facial weakness or paralysis.  Bell's palsy occurs when the nerve that
controls the facial muscles is swollen, inflamed, or compressed, resulting
in facial weakness or paralysis.  Exactly what causes this damage, however,
is unknown.  It is possible to have bilateral Bells palsy, but it's rare,
accounting for less than 1% of cases.  With bilateral facial palsy, it's
important to rule out all other possible diagnoses with thorough diagnostic
tests.

10.  The term the "old brain at the base of the skull" most often refers to
the brain stem which consists of the mid brain, the medulla oblongata, and
the pons.  The mid brain controls responses to sight, eye movement, pupil
dilation, body movement, and hearing.  The medulla oblongata controls
autonomic functions, such as respiration and circulation, and relays nerve
signals between the brain and spinal cord.  The pons control sleep,
arousal, assists in controlling autonomic functions, and relays sensory
information between the cerebrum and cerebellum.

DISCUSSION AND CONCLUSIONS:

1.  Without the service medical records it is impossible to determine what
if any condition the applicant may have been suffering from or the extent
of any residuals that may have been manifested at the time of his
separation.

2.  The CT scan completed over 30 years after the reported illness is too
remote to be of any diagnostic value to determine the nature of that
illness.

3.  The available records contain no indication the applicant was suffering
from any medical condition of such a severity as he describes.

4.  The evidence of record indicates that the applicant was medically fit
for retention at the time of his separation.  He has submitted no probative
medical evidence to the contrary.  In the absence of medical evidence to
the contrary, it is presumed that the available service records are correct
as presently constituted.

5.  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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 July 1972.  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

__JEA __  __JLP_ __  __SWF__  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.




                                  __     James E. Anderholm_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005716                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       | )                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |124                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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