BOARD DATE: 15 March 2018 DOCKET NUMBER: AR20160006369 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. 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: 15 March 2018 DOCKET NUMBER: AR20160006369 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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: 15 March 2018 DOCKET NUMBER: AR20160006369 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 show shrapnel was removed from his hand on 20 June 2006. 2. The applicant states upon returning from Afghanistan, he was formally diagnosed with traumatic brain injury (TBI) with light sensitivity, hearing loss, and tension headaches as a result of a conclusive blast. At the original time of the incident, he was seen at Camp Lightning where the medical station was not capable of making a diagnosis. He left the country within a week of the incident, returned to the United States and began treatment. 3. The applicant provides a Standard Form (SF) 558 (Emergency Care and Treatment), TBI Questionnaire, and a Purple Heart denial letter from U.S. Army Human Resources Command (HRC). 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 Army National Guard (ARNG) on 21 July 1997. 3. The applicant's Enlisted Record Brief (ERB) shows he deployed in support of Operation Enduring Freedom (OEF) on three separate occasions: * from on or about 12 July 2005 through on or about 9 July 2006 * from on or about 28 August 2008 through on or about 27 June 2009 * from on or about 22 March 2012 through on or about 14 April 2014 4. Permanent Orders 178-025, issued by Combined Security Transition Command – Afghanistan on 27 June 2006, shows the applicant received the Combat Action Badge (CAB) for actively engaging or being engaged by the enemy on 10 May 2006. 5. The applicant was honorably discharge from the Florida ARNG and transferred to U.S. Army Control Group (Retired Reserve) on 5 October 2016. His NGB Form 22 (National Guard Report of Separation and Record of Service) does not show he was awarded the Purple Heart. 6. The applicant's record is void of evidence that shows he received a shrapnel wound to his hand. 7. The applicant provides: a. An SF 558, dated 20 June 2006, which shows he reported trouble sleeping resulting from a rocket attack, which landed 10 – 15 feet away from his hut. The medical examiner noted he sustained no injury during the attack. b. A TBI questionnaire, dated 29 June 2009, which notes TBI symptoms resulting from a rocket hitting his living quarters during a previous deployment. c. A letter from HRC, dated 6 November 2015, wherein HRC denied his request for award of the Purple Heart. HRC noted the medical documentation, dated 20 June 2006, states there were no injuries sustained from the attack. 8. In the processing of this case, an advisory opinion was obtained on 26 October 2017, from the ARBA Senior Medical Advisor. The advisory official noted and opined: a. A thorough review of the medical documentation found no supporting medical documentation supporting the applicant’s request for amendment of the medical record (SF 558 dated 20 June 2006) to include a shrapnel injury. Specifically, the note documented no other injuries. No other corroborating medical documentation found in the medical records supporting the applicant’s request. b. The applicant did have an injury to his right hand during that deployment (several months prior to the aforementioned rocket attack), fracturing his right 5th metacarpal (pinky finger) playing volleyball on 5 September 2005. Note: Line of Duty paperwork for fracture submitted 19 June 2006, the day prior to the date of the SF 558 visit (20 June 2006). c. No medical or other documentation of a shrapnel wound was found. Recommend the Board deny the applicant’s request for modification of the medical record (SF 558). 9. The applicant was provided a copy of this advisory opinion on 30 October 2017, to provide him an opportunity to comment and/or submit a rebuttal. He did not respond. REFERENCES: Army Regulation 40-46 (Medical Record Administration and Health Care Documentation) provides under the Health Insurance Portability and Accountability Act (HIPAA), individuals have the right to request an amendment or correction to their protected health information (PHI). DISCUSSION: 1. The applicant requests correction of his medical records to show shrapnel was removed from his hand. 2. During one of his deployments in support of OEF, the applicant received an SF 588 that shows he reported trouble with sleeping after a rocket attack. The SF 588 does not show he was injured during the attack. 3. An advisory opinion was provided in which the advisory official noted, in effect, that the applicant's record is void of evidence that would support correcting his record to show he received or was treated for a shrapnel wound on 20 June 2006. 4. In this case, there is no documentary evidence indicating the applicant incurred a shrapnel wound to his hand on or about 20 June 2006. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006369 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006369 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2