BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160001722 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160001722 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. BOARD DATE: 21 September 2017 DOCKET NUMBER: AR20160001722 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 service medical records by correcting item 74 (Summary of Effects and Diagnosis) of his Standard Form (SF) 88 (Report of Medical Examination), dated 3 July 1979, to reflect "pain in left shoulder" vice "pain in right shoulder." 2. The applicant states he sustained an injury to his left shoulder while playing softball in 1978 while he was stationed in Korea. He immediately reported to the medical unit where he was x-rayed and his left arm was placed in a sling. His 1979 SF 88 contains an entry regarding this injury. However, the entry reflects his right shoulder was injured instead of his left shoulder. This is an error and the entry should reflect his left shoulder. He was recently denied medical care and service-connected disability compensation because the injury was listed incorrectly. 3. The applicant provides copies of the following: * 1979 SF 88, page 2 * 1979 SF 93 (Report of Medical History) * DD Form 214 (Report of Separation from Active Duty) * Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative) * letter from the VA 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations. 2. The applicant enlisted in the Regular Army on 19 July 1976 and he held military occupational specialty 68G (Aircraft Structural Repairer). He served in Korea from 16 February 1977 to 15 February 1978. 3. His medical service records contain the following: a. An SF 600 (Chronological Report of Medical Care) stating on 19 July 1977 he sustained an injury to his right shoulder while playing basketball and an x-ray revealed a right acromioclavicular (AC) separation. His arm was placed in a sling and he was referred to the Orthopedic Clinic for an evaluation. b. An SF 513 (Clinical Record – Consultation Sheet) stating on 19 July 1977, he was seen in the Orthopedic Clinic due to an injured right shoulder. c. Two DA Forms 3048 (Medical Condition – Physical Profile Record), dated 20 July and 25 August 1977, stating he was medically qualified for temporary restricted duty after being diagnosed with a right AC shoulder separation. 4. His medical service record is void of any evidence showing he sustained an injury to his left shoulder during his period of service. 5. On 3 July 1979, he completed an SF 93 as part of his separation physical examination. He indicated on the form he was in good health and was not taking medication. He did indicate in item 11 (Have you ever had or have you now (Please check at left of each item)) that he had painful or "trick" shoulder or elbow and recurrent back pain. He did not indicate he sustained a left or right shoulder injury on the second page of the form. A medical provider reviewed this form with the applicant and entered his summary notes indicating the applicant had low back pain, his ankles hurt when running, and the applicant had dislocated his right AC joint. 6. On 3 July 1979, an examining physician prepared an SF 88 to document the applicant's separation physical examination. He stated in item 74 – pain right shoulder, separated AC, July 1977. He found the applicant qualified for an expiration of term of service (ETS) separation. 7. He was honorably released from active duty on 18 July 1979 and he was transferred to the U.S. Army Reserve Control Group. He was credited with completing 3 years of active service. 8. He provided a copy of a letter, dated 21 October 2015, wherein the VA advised him of the denial of service-connection compensation for his left shoulder since the condition neither occurred in nor was caused by service. REFERENCE: Army Regulation 15-185 (ABCMR) 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: 1. The applicant's medical service records clearly show he was diagnosed and received medical treatment for a right AC shoulder separation during his period of service. No evidence shows he injured his left shoulder during his period of service. 2. Absent convincing independent and verifiable evidence to the contrary, it appears that the applicant's medical service records and SF 88 were correct at the time they were prepared. 3. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001722 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001722 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2