IN THE CASE OF:	   

		BOARD DATE:	  15 October 2013

		DOCKET NUMBER:  AR20130003415 


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 medical records to "include outpatient infirmary exam[ination] for gun powder burns to upper arm" in July 1979.

2.  The applicant states there should be a medical record of this incident in his file in June or July 1979.  He was performing active duty training (ADT) at Fort Benning, GA.  Private L--- discharged his weapon directly behind him (the applicant).  He suffered burns and abrasions.  His drill sergeant took him to the infirmary where he was examined and bandaged.  His medical records do not include this incident.

3.  The applicant does not provide any evidence. 

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 (USAR) on 4 May 1979.  He entered ADT on 7 May 1979 and completed training for military occupational specialty 11B (Infantryman).

3.  He underwent a separation physical at the troop medical clinic, Fort Benning, on 27 June 1979.  He indicated to the best of his knowledge and belief, he did not have any physical defects.  He was found fully qualified for separation.

4.  He was honorably released from ADT on 2 August 1979 and he was transferred back to his USAR unit.

5.  He was ultimately discharged from the USAR on 8 February 1983 as an unsatisfactory participant.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the applicant's record and he provides none to support his contention that he suffered a burn injury from an accidental weapon discharge in June or July 1979 and/or that he was treated at an infirmary.

2.  In any case, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.

3.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service record, including his medical record, were correct at the time.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20130003415



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ABCMR Record of Proceedings (cont)                                         AR20130003415



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