IN THE CASE OF:	  

		BOARD DATE:	  1 February 2011

		DOCKET NUMBER:  AR20100018657


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 correction of his records to show his hearing loss is combat related.

2.  The applicant states:

* he spent his entire military career in the artillery in a combat-type unit
* even when he was training, he simulated combat conditions
* the 2 years he was in Vietnam he was in combat
* his hearing was lost because of the percussions of the guns fired
* his records reflect that he had good hearing when he entered the military
* due to the firing of guns, his hearing got worse
* his records show his Military Occupational Specialty (MOS)/Medical Retention Board (MMRB) was aware that the firing of guns affected his hearing

3.  The applicant provides:

* request for additional information for his MMRB scheduled proceedings, dated 14 February 1985
* MMRB proceedings summary
* MMRB proceedings approved findings
* Physical Performance Evaluation System notification
* recommendation for retention, dated 10 October 1984
* MMRB Acknowledgement of Notification
* self-authored memorandum for the MMRB President
* two self-authored statements addressed to whom it may concern
* Standard Form 93 (Report of Medical History), undated
* self-authored statement, dated 1 January 1982
* two DA Forms 8-274 (Medical Condition – Physical Profile Record)
* four Standard Forms 88 (Report of Medical Examination)
* four audiograms

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 applicant's 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 applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's Standard Form 88 shows he was found qualified for enlistment in the Regular Army (RA) on 13 March 1961.  There appears to be no indication of hearing loss at the time of his examination.

3.  On 13 March 1961, the applicant enlisted in the RA for 3 years.  He completed training as a field artillery crewman.  He was transferred to Germany on 29 November 1961.

4.  The applicant's Standard Form 88, dated 15 January 1964, shows he was diagnosed with bilateral high-frequency hearing loss.  He was found medically qualified separation.

5.  He returned to the United States on 2 November 1964 and remained on active duty through continuous reenlistments and extensions.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows he served in Vietnam from 27 July 1966 through 26 July 1967.

7.  His DA Form 8-274 shows he was placed on a permanent physical profile on 8 April 1969 for the following:

* 
bilateral high-frequency hearing loss
* organic heart disease, etiology undetermined, with minimal mitral insufficiency, no duty limitations

8.  The applicant was found medically qualified for duty with limitations which included no assignment involving habitual or frequent exposure to loud noises or firing of weapons.

9.  His DA Form 2-1 shows he served a second tour of duty in Vietnam from 1 July 1969 through 30 June 1970.

10.  An MMRB convened on 27 November 1984 and found the applicant's permanent medical condition did not prevent him from performing the full range of physical tasks required of his primary MOS of cannon/missile senior sergeant in a worldwide field environment.  The board recommended that he be retained in his primary MOS.  The MMRB's findings and recommendation were approved by the appropriate authority.

11.  The applicant retired on 31 July 1987.  He completed a total of 26 years, 4 months, and 18 days of active duty service.

12.  The medical documentation the applicant submits is contained in his official record.  The self-authored statements and supporting recommendations show he had a desire to remain in his primary MOS and that he was supported by his chain of command.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting documents have been considered.  However, the evidence of record shows he was diagnosed with bilateral high-frequency hearing loss prior to his transfer to Vietnam on 27 July 1966.  He was in stationed in Germany on 15 January 1964 when he underwent an examination and was diagnosed with high-frequency hearing loss.

2.  Both of his tours of duty in Vietnam were after he was diagnosed with high-frequency hearing loss.  His Vietnam service may have exacerbated his condition; however, it was not due to combat or combat related as he contends.

3.  The fact that he was assigned to artillery units while he was in the Army does not justify amending his records to show his hearing loss was combat related.  He was not in combat service at the time of his diagnosis.

4.  In view of the foregoing, the applicant's request should be denied.

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 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.

ABCMR Record of Proceedings (cont)                                         AR20090005994



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ABCMR Record of Proceedings (cont)                                         AR20100018657



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