MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 February 1999                   
	DOCKET NUMBER:   AC98-08360
                                              AR1999015139

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Mr. Samuel Calderon		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Correction of an unspecified record which shows he was awarded a service-connected disability rating on 29 July 1945.   

APPLICANT STATES:  That he never had a hearing on 29 July 1945 because he was discharged on 28 July 1945.  He states that he contracted malaria in 1942 and again in 1945 and received treatment.  He now wants “retribution” from 28 July 1945 to the present date.  

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the fire that occurred at the records center in 1973.  His reconstructed records and records received from the Department of Veterans Affairs (VA) show:  

The applicant was inducted on 13 February 1941 at age 24.  He served as a gun crewman - medium artillery and as a medical aidman.  He served overseas in the European-African-Middle Eastern (EAME) Theater, where he participated in four battles/campaigns.  He was awarded the Good Conduct Medal, the EAME Campaign Ribbon, and the American Theater Campaign Ribbon.  On 28 July 1945 he was  honorably discharged from the Army for the convenience of the Government due to demobilization.  The highest grade he attained was private first class.  

A WDAGO Form (Report of Physical Examination of Enlisted Personnel Prior to Discharge or Release from Active Duty or Retirement) evidences that the applicant was medically examined on 27 July 1945, the day before he was discharged from active duty.  Item 11 of the form shows “1.  Malaria 2 times” 
“33 days hospital” “July 1942 last attack” “2 attacks past 6 months.”  

Following his discharge from the Army the applicant apparently filed a claim with the VA.  A VA rating sheet dated 23 August 1945 shows “no percent, 0%” from 29 July 1945 for malaria incurred in World War II.  

In a 22 September 1993 letter the VA informed the applicant that the records of the VA disclosed that he was rated 0% service connected for malaria and that the “effective date of this rating was July July (sic) 29, 1945.”

A VA  deferred rating decision dated 28 June 1996 shows, pertinently, that “at his hearing on 5/28/96, the veteran related that he was told by someone, while he was in the military, that he was entitled to a pension because he had malaria.  He is of the belief that the cited statement is sufficient grounds for an award of compensation, and would not relinquish that belief.”

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  Although the applicant’s request is not clearly articulated, it appears that his ultimate desire is to receive compensation from either the Army or the VA for having contracted malaria while serving in the Army during World War II.  

2.  It is clear from a review of the available records that the Army did not conduct a hearing concerning the applicant’s medical condition on 29 July 1945, the day after he was discharged.  The applicant’s perception that such a hearing was held appears to be based upon a reading of the 22 September 1993 letter from the VA.  

3.  The fact of the matter is that when the VA determines, after an individual files a claim with that agency, that a medical condition is service-connected, it establishes the effective date of any rating assigned, for VA purposes, only, as the date following the individual’s separation from active duty, irrespective of the date the claim is filed or the determination is made.   

4.  In this case, the applicant was discharged on 28 July 1945 and the VA awarded him a zero percent service-connected rating for malaria, effective 
29 July 1945.  This VA determination was reflected in its rating decision dated 
23 August 1945 and its 22 September 1993 letter to the applicant.    

5.  The Board notes the applicant’s request for “retribution” from 28 July 1945 to the present.  If, in fact, he desires medical retirement from the Army effective 
28 July 1945, then he is not eligible.  Prior to 1 October 1949 when the Career Compensation Act was enacted, there were no provisions for the retirement of enlisted soldiers with less than 20 years of service.  Those who were separated with medical conditions incurred in or aggravated by military service were directed to the VA for treatment and care.  

6.  If, in fact, the applicant is seeking compensation from the VA based upon his having contracted malaria while in the Army, then that is a matter strictly for the VA to decide and this Board has no jurisdiction in the matter.  

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID)  AR1999015139	AC 98-08360	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1990225	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.108.00  		
2.		
3.		
4.		
5.		
6.