RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 OCTOBER 2005 DOCKET NUMBER: AR20050001633 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. Ronald DeNoia Analyst The following members, a quorum, were present: Mr. Melvin Meyer Chairperson Mr. Allen Raub Member Ms. Linda Simmons 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, in effect, that his records be corrected to show his military injury was a service connected injury and that he was discharged by reason of physical disability. 2. The applicant states that during basic training he slipped on the floor of a truck and fractured his coccyx bone (tailbone). He states that his injury was misdiagnosed and has reoccurred at a later age and that he should receive compensation for this. He also states that during his pre-induction examination of the pilonidal sinuses, there was no sign of drainage, infection, or inflammation. 3. The applicant provides a Standard Form (SF) 88 (Record of Medical Examination); six pages of medical diagnoses and dispensary consultations; and a SF 509 (Doctor's Progress Notes), which is undated. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged (error or injustice) which occurred on 26 March 1955. The application submitted in this case is dated 3 January 2005. 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 military 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 a reconstructed record for the Board to conduct a fair and impartial review of this case. 4. The applicant's DD Form 214 (Report of Separation from the Armed Forces of the United States) shows that he was separated on 26 March 1955 by reason of reduction of involuntary extension of enlistment. 5. Items 18 through 42 of the SF 88 shows examination of different parts of the body and requires a check mark next to each indicating "Normal" or "Abnormal." A check mark appears in all "Normal" boxes including item 20 (Sinuses). 6. There is a section in the SF 88 to record notes concerning any abnormalities during the examination. This section is entitled "Notes-Describe every abnormality in detail." This section contains the note "20-Pilonidal sinuses – no signs of drainage, infection, masses induration or imflammation." 7. The dispensary records show that the applicant's symptoms were pain while sitting and lifting. He was diagnosed with a Pylonidal Cyst on 21 December 1953 and X-rays of the coccyx were prescribed. On 22 April 1954 the diagnosis stated "X-rays shows deviation of (illegible) coccyx probably due to old fracture. 8. The dispensary records also note that the applicant additionally suffered from a boil on his left buttock. On 17 May 1954 the diagnosis states that "pilonidal sinus is inactive." On 30 June 1954 the records state that the boil was draining and pus evacuated. There are no medical records dated after 30 June 1954 in the available records. 9. The applicant's records contain a separation physical, dated 25 March 1955. This examination shows "no serious injuries", no Army Hospitalization" and 'no complaints of a medical nature." 10. Title 38, United State Code, permits the Department of Veteran's Administration (DVA) to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency. DISCUSSION AND CONCLUSIONS: 1. 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. 2. Evidence shows that the applicant was diagnosed and treated for his injury. Contrary to the applicant's contention that his fracture of the coccyx was misdiagnosed as a pilonidal cyst, records show that medical personnel diagnosed his injury as a deviation of the coccyx probably caused by an old fracture. The applicant received treatment by qualified medical personnel for this injury in addition to the boil on his buttocks. 3. Item 20 of the applicant's SF 88 refers to nasal sinuses. Webster's Dictionary defines pilonidal as "a growth of hair in a dermoid cyst or in the deeper layers of the skin." 4. The applicant was released from active duty by reason of reduction in his involuntary enlistment, not due to a military injury. Although there is no justification to change the applicant's reason for discharge, he may apply to the DVA for evaluation and benefits. 5. Records show the applicant should have discovered the alleged error or injustice now under consideration on 26 March 1955; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 25 March 1958. 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 ___MM__ ____AR _ ____LS__ 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. ______Melvin Meyer_______ CHAIRPERSON INDEX CASE ID AR20050001633 SUFFIX RECON DATE BOARDED 20051027 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 100.0000.0000 2. 3. 4. 5. 6.