IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130006335
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, correction of his Standard Form (SF) 88 (Report of Medical Examination), dated 9 July 1953, to show he suffered partial right-side hearing loss.
2. The applicant states:
* he entered the Catholic University of Puerto Rico after discharge and he did not know who to contact for a copy of his hearing test which proves his allegation
* he joined the Army while living in Puerto Rico at age 19
* he was assigned in Korea to a regimental combat team as a rifleman and was required to stand guard on a daily basis
* he stood in a trench every night and sometimes for 24 hours
* the trench was located next to a tank that would start shooting every night at 6:00 and was located on his right side
* he developed inner ear problems that resulted in partial deafness
* the situation was not diagnosed at the time of his release
* he wrote the Department of Veterans Affairs (VA) years later with hopes of obtaining medical assistance for what he considers a partial disability; however, he never received a reply to his request
* he has received partial medical services and has to pay for his prescriptions and, if suggested, pay for a specialist
* he has never been offered nor has he asked for disability compensation even though it has been suggested
3. The applicant provides self-authored statements.
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 military records and medical records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in the reconstructed record for the Board to conduct a fair and impartial review of the case.
3. On 4 October 1951, the applicant as inducted into the Army of the United States at Fort Buchanan, Puerto Rico. He completed training and was transferred to Korea where he served 11 months and 12 days before being returned to Puerto Rico.
4. His SF 88, dated 9 July 1953, shows he was medically evaluated prior to his discharge and does not show any hearing impairment.
5. On 22 July 1953, he was honorably released from active duty and transferred to the Enlisted Reserve Corps. His DD Form 214 (Report of Separation from the Armed Forces of the United States) shows he completed 1 year, 9 months, and 19 days of creditable active service.
6. On 12 June 2007, the ABCMR corrected his records to show his race as Hispanic. On 3 December 2007, he was issued a DD Form 215 (Correction to DD Form 214) to show this change.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his SF 88 to show a partial hearing loss was carefully considered.
2. The available record is void of any evidence and the applicant fails to provide any documentary evidence showing he suffered hearing loss while in the Army.
3. The ABCMR does not grant requests solely for the purpose of making the applicant eligible for veterans' benefits. Every case is individually decided based upon its merits. Additionally, granting of veteran's benefits is not within the purview of the ABCMR. Therefore, any questions regarding eligibility for VA benefits should be addressed to the VA.
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.
ABCMR Record of Proceedings (cont) AR20130006335
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006335
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080014975
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his correct date of birth (DOB). The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2015 | 20150004130
The applicant provides: * command or historical report extract * casualty reports, dated 12 February 1953 and 14 February 1953 * Eighth U.S. Army-Korea Periodic Intelligence Report, dated 14 February 1953 * Bronze Star Medal with "V" Device Certificate * DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending 14 November 1953 * DD Form 215 (Correction to DD Form 214) for the period ending 14 November 1953, dated 2 April 2010 * DD Form 215 for the...
ARMY | BCMR | CY2014 | 20140012277
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. His record contained the following documents that list his DOB as "23 June XXXX": * 2 Standard Forms (SF) 89 (Report of Medical History), dated 15 September 1960 and 9 August 1961 * 2 SFs 88 (Report of Medical Examination), dated 15...
ARMY | BCMR | CY2013 | 20130019892
The applicant requests, in effect, correction of his records to show he has 20 years of creditable service for retirement. The applicant provides copies of: * his history of events while in the ARNG, dated 21 October 2013 * a 21 October 2010 Army Review Boards Agency letter * a 2 July 2013 Connecticut National Guard letter * 22 August 2013 congressional correspondence * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) ending 26 November 1973 * National Guard...
ARMY | BCMR | CY2012 | 20120010056
It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The DD Form 214 is a snapshot in time and is a reflection of the applicant's record of Active Army service at the time of his release from active duty. Since it appears his address changed after he was released from active duty, there is no basis for granting his request to change his address on his DD Form 214.
ARMY | BCMR | CY2011 | 20110015607
The DD Form 214 he was issued at the time shows he was discharged as an "Alien DFR for More Than One Year in accordance with Department of the Army Message 161800Z July 1973" with an under other than honorable conditions character of service and issuance of an Undesirable Discharge Certificate. When authorized, it is issued to a soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. The discharge proceedings were conducted in...
ARMY | BCMR | CY2006 | 20060005732C070205
Accordingly, it would be in the interest of justice to correct his records at this time to show his award of the Purple Heart. Records show the applicant should have discovered the alleged error or injustice now under consideration on 23 December 1952; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 22 December 1955. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2007 | 20070007061
The opinion enclosed DA Forms 3349s dated 11 June 2006 and 11 December 2006, showing the applicant was on a physical profile during these periods and was unable to perform his military duties and responsibilities. The advisory opinion also stated that Army Regulation 135-381, paragraph 1-8 provides that a member who is unable to perform military duties because of incapacitation is entitled to full pay and allowances, including all incentive pay to which entitled, less any civilian earned...
ARMY | BCMR | CY2011 | 20110019630
He was treated at a medical aid station and returned to his unit. The applicant and two other Soldiers were sent to the 2d Battalion Aid Station where they were treated for their wounds and possible concussions. While the evidence shows the applicant has a scar from a shell fragment wound on his right arm, there is no official record to verify the applicant was treated for this wound.
ARMY | BCMR | CY2014 | 20140004571
The doctor prescribed additional pain medication and antibiotics for a possible ear infection. When recommending and considering award of the Purple Heart for concussion injuries, both diagnostic and treatment factors must be present and documented in the Soldier's medical record by a medical officer. The medical records he submitted show he was diagnosed with otitis media and treated for hearing loss and tinnitus.