MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 March 1999                    
	DOCKET NUMBER:   AC98-12094
                                              AR1999015357

	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. Fred K. McCoy		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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:  In effect, correction of his records to show that his injury was service-connected.   

APPLICANT STATES:  That his injury was not an accident and that it was cumulative over time.  In support of his application he submits a letter from the Department of Veterans Affairs (VA), dated 5 January 1998, which indicates he was granted service connection for traumatic arthritis, right ankle, rated zero percent disabling from 13 November 1945.  The letter also states that he was subsequently granted an increase to 10 percent from 17 November 1982.   

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 show:

He entered active duty on 15 December 1942.  He was trained as an automatic rifleman and served in the European Theater of Operations from 7 September 1944 through 4 June 1945.  He attained the grade of corporal and was honorably discharged on 12 November 1945 due to demobilization.  
 
The applicant’s reconstructed records contain a large volume of correspondence between him and officials at the records center relating to his efforts to obtain all the medals to which he felt he was entitled.  

On 31 May 1984 the Personnel Services Directorate in St. Louis, Missouri, informed a member of congress concerning the applicant’s awards that he was  entitled to the Combat Infantryman Badge (and the Bronze Star Medal based upon that award), the Good Conduct Medal, the Purple Heart with first oak leaf cluster, the World War II Victory Medal, the Honorable Service Lapel Button, World War II, the European-African-Middle Eastern Campaign Medal with three bronze service stars, the American Campaign Medal, the Army of Occupation Medal with Germany clasp, and the French Croix de Guerre.  

On 13 April 1988 the applicant made application for the Prisoner of War (POW) Medal.  On 29 April 1988 the Army Reserve Personnel Center (ARPERCEN) notified the Commander, US Army Support Activity, Philadelphia, Pennsylvania, to issue the applicant the POW medal.  The applicant had also sought the award of the Silver Star.  However, the ARPERCEN informed him that a search was made of the orders published by the 26th Infantry Division for any entries pertaining to his award of the Silver Star and that no entries were found.  

A WDAGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) listed as significant diseases, wounds, or injuries “frozen feet 1944” and “ankle injured 1945.”  That document further shows that the applicant originally injured his right ankle on the obstacle course at the University of Maine and that he suffered trench foot in a German POW camp between December 1944 and January 1945.  

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.  The applicant did not clearly articulate or elaborate upon the exact or specific correction of military records he desires.  The Board notes that the VA has awarded him service connection for traumatic arthritis of the right ankle and has rated this condition at 10 percent disabling since 17 November 1982.  

2.  Also, his records document that he suffered trench foot in a German POW camp.  However, the matter of service connection for any residuals of trench foot is a matter strictly for the VA to determine and is not a matter for the Board.  

3.  If, in fact, the applicant is seeking disability retirement from the Army, then he is not eligible because prior to 1 October 1949 when the Career Compensation Act was enacted, there were no provisions for the retirement of enlisted members with less than 20 years of service.   

4.  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 AR1999015357	AC98-12094	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990310	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.108.0200		
2.		
3.		
4.		
5.		
6.