IN THE CASE OF:
BOARD DATE: 15 OCTOBER 2015
DOCKET NUMBER: AR20150003254
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 amendment of the following service medical records:
* Standard Forms 600 (Chronological Record of Medical Care), dated 11 January 1977, 12-13 January 1978, and 30 October 1978
* Standard Form 93 (Report of Medical History), dated 11 February 1980
2. The applicant states:
* at no time while serving in the military did he tell any doctor or anyone else that he had asthma or had asthma all his life
* it is not true and he wants it removed from his records
3. The applicant provides:
* Standard Forms 600, dated 11 January 1977, 12-13 January 1978, and 30 October 1978
* Standard Form 93, dated 11 February 1980
* Department of Veterans Affairs Form 21-4138 (Statement in Support of Claim)
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 enlisted in the U.S. Army Reserve on 29 April 1977 for a period of 6 years under the Delayed Enlistment Program. He was discharged from the U.S. Army Reserve on 2 June 1977 for the purpose of immediate enlistment in the Regular Army. He enlisted in the Regular Army on 3 June 1977 for a period of 3 years. He completed his training and was awarded military occupational specialty 76W (petroleum supply specialist.
3. He provided:
a. a Standard Form 600, dated 11 January 1977 (should read 1978), showing he was treated for asthma;
b. a Standard Form 600, dated 13 January 1978, wherein the medical technician noted: "says he has had asthma all his life" and his last asthma attack was on 10 January 1978. This form also noted he has a history of asthma;
c. a Standard Form 600, dated 30 October 1978, showing he was treated for asthma and he stated he had asthma all his life; and
d. a Standard Form 93, dated 11 February 1980, showing he marked "Yes" in item 11 (Have You Ever Had or Have You Now) of this form for asthma. The examining physician entered the following notation in item 25 (Physician's Summary and Elaboration of all Pertinent Data): "Had asthma as a child not since."
4. On 2 June 1980, he was honorably released from active duty.
5. There is no evidence indicating the applicant did not have asthma.
REFERENCES:
Army Regulation 40-66 (Medical Record Administration and Healthcare Documentation) sets policies and procedures for the preparation, disposition, and use of Army electronic and paper medical records and other healthcare documentation. The service treatment record includes both the treatment record and the dental record. It is a permanent and continuous file that is initiated when a member enters the service. The primary purpose of the service treatment record is to provide a complete, concise medical and dental history of everyone in the Active Army or in the Reserve Components, as well as family members and other beneficiaries. The service treatment record is used for patient care, medicolegal support, and research and education.
DISCUSSION:
Although the applicant contends these four service medical records which reference asthma are incorrect in that he does not have or never had asthma, there is no evidence and the applicant did not provide any evidence which conclusively refutes the entries in question on these service medical records. These service medical records indicate he reported he had asthma as a child and that he had asthma all his life. In the absence of compelling evidence to the contrary, it must be presumed that the entries by competent medical authorities at the time in question were correct.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont) AR20150003254
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RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20150003254
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