ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 September 2019

	DOCKET NUMBER:  AR20190009583


APPLICANT REQUESTS: his records corrected to reflect injuries sustained during his 
tour of duty and negative reactions to vaccinations during his active duty tour.  

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter from Clinic 
*	DD Form 741 (Ophthalmologic Consultation) 
*	Standard Form 600 (Chronological Record of Medical Care) 

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states his DD Form 214 (Armed Forces of the United States Report of 
Transfer or Discharge) under section 26 (sic) service data states none for wounds 
received by enemy forces.  He reports he received wounds to his eyes by accident 
during his tour of duty, which required hospital treatment in which is 100 miles from 
Dugway Proving Ground.  Permanent damage was not sustained; he was treated at the 
base hospital and received further treatment and recuperation at the Clinic.  He would 
like his records to stipulate that he was injured or wounded during his tour of duty.  In 
addition he was involved with Biological warfare agent and had received many 
vaccinations against Bio warfare agents, some of which were eastern and western 
Equine Encephalitis, Anthrax, etc.  His shot record was confidential and classified, he 
was quite ill during some of these vaccinations since they were experimental and non 
FDA approved.  In essence he was a guinea pig.  He states his record is in error 
because it does not reflect his injury while on active duty nor does it address the fact he 
was used for experimental purposes.

3.  The applicant provided the following documents in support of his request:

•  Letter from Clinic – showing he was examined 16 June 1965 regarding his 
vision, his eyes are completely healthy and there is no evidence of damage to 
them 
•  DD Form 741 (Ophthalmologic Consultation) – shows he suffered from 
superficial corneal burns received and exposed to “fixing” chemical 
•  Standard Form 600 (Chronological Record of Medical Care) – showed he 
suffered from a reaction to a shot received

4.  A review of the applicants records show: 

*	17 January 1964 – he commissioned in the United States Army Reserve (USAR) 
*	11 July 1964 – DA Form 66 shows the applicant was assigned to Dugway, Utah 
as a Bacteriologist 
*	24 November 1964 – medical notes show the applicant was treated for a reaction
   to shots received, he also received a visual exam
*	3 May 1966 – he was honorably discharged, reason for discharge “Expiration of 
Term of Service” 

5.  The applicant’s records are void of evidence he was deployed to a theater of 
operation or was in contact with enemy forces.  

6.  Army Regulation 635-5 (Separation Forms) prescribes the purpose of a separation 
form.  The separation Form is to provide the individual with documentary evidence of his 
military service. It is a vital record for interested Government agencies which assist the 
veteran in obtaining the rights and benefits to which he is entitled.  For item 27(Wounds 
Received as a Result of Action With Enemy Forces (Place and Date If Known) enter 
chronologically each wound received as a result of enemy action during the period 
covered by the DD Form 214 being prepared.  Show both date and place of action if 
recorded on records available at time of separation.  If records not available, the 
terminology "No records available" will be entered. The theater of operation in which the 
action occurred may be entered if exact location is not recorded.

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, and 
evidence in the records.  The Board considered the applicant’s statement, his record of 
service, the evaluation of his eyes, the Ophthalmologic Consultation, the SF600 in his 
records, and the entries on his separation documents.  The Board found insufficient 
evidence to support he was wounded during his period of service, and his records 
reflect “superficial corneal burns received” and a “reaction to a shot received.”  The 
Board found no evidence of additional injuries or reactions to immunizations and the 
applicant provided none.  Based on a preponderance of evidence, the Board 
determined that the absence of additional injuries or reactions in the applicant’s records 
were not in error or unjust.



2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 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.


ADMINISTRATIVE NOTE(S):

Not Applicable




REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 635-5 (Separation Forms) prescribes the purpose of a separation 
form.  The separation Form is to provide the individual with documentary evidence of his 
military service. It is a vital record for interested Government agencies which assist the 
veteran in obtaining the rights and benefits to which he is entitled.  For item 27(Wounds 
Received as a Result of Action With Enemy Forces (Place and Date If Known) enter 
chronologically each wound received as a result of enemy action during the period 
covered by the DD Form 214 being prepared.  Show both date and place of action if 
recorded on records available at time of separation.  If records not available, the 
terminology "No records available" will be entered. The theater of operation in which the 
action occurred may be entered if exact location is not recorded.


ABCMR Record of Proceedings (cont)	 AR20190009583

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