IN THE CASE OF:
BOARD DATE: 13 January 2009
DOCKET NUMBER: AR20080015881
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that his medical records be corrected to show that he contracted sinusitis during a simulated combat field training exercise.
2. The applicant states that in approximately July 1975 a yellow cloud of pollen hung over Fort Jackson, South Carolina leaving a layer of residue on buildings, cars, and equipment. During this period he had to supervise the feeding of troops in the field. After four days under simulated combat conditions, he developed sinusitis. He also states, in effect, that this will substantiate his claim for combat-related special compensation. He also reports that it is difficult to substantiate his claim because he lost his personnel and medical records during the process of departing from Vietnam.
3. The applicant provides copies of his 29 October 1972 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); his 18 March 1980 DD Form 214; and approximately 18 pages of service medical records, dated from 10 July 1976 to 8 March 1982.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of
Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted and entered active duty on 12 November 1965. He reenlisted repeatedly and served two tours of duty in Vietnam, from June 1967 to June 1968 and from March 1970 to February 1972.
3. The applicant was appointed a warrant officer on 19 March 1980. He retired due to length of service as a chief warrant officer two on 31 January 1986.
4. The service medical record pages submitted by the applicant document recurring sinusitis problems from July 1975 through March 1982. There is no indication in these medical records that this problem was caused by, originated during, or was aggravated by any period of simulated combat field training.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his sinusitis is the result of a simulated combat field training exercise.
2. There is no substantiating evidence to support the applicant's contention.
3. His observation that his medical records were lost while he was in the process of leaving Vietnam is moot. His final Vietnam tour ended in June 1972; therefore, his statement concerning lost personnel and medical records is irrelevant since his lost records occurred 3 years prior to the reported onset of his sinusitis problem.
4. 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.
5. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X ___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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