MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 October 1999
	DOCKET NUMBER:  AR1999014752

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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:  Under the provisions of the Board’s Reconsideration Project that his earlier appeal to change 1943 honorable to physical disability be reconsidered.

APPLICANT STATES:   In effect, that he was sick the entire time he was in the Army and should have been separated on a certificate of disability for discharge.  He believes that he should be entitled to VA benefits for his medical condition.  He submits numerous copies of extracts from his in-service and VA medical records as well as a several pages of archived prescriptions dating back to 1996.

Counsel Contends:  In effect, counsel concurs in the applicant's presentation and requests that all reasonable doubt be resolved in the applicant's favor.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were reported in a memorandum prepared to reflect the Board's original consideration of the case on 17 May 1978 (COPY ATTACHED).

The applicant’s records are incomplete.  He was inducted on 2 December 1942 and discharged with an honorable discharge on 24 July 1943 under the provisions of Army Regulation 615-360, Section VIII.  Probably for ineptness since the section applies only to ineptness and undesirable habits and traits of character and an honorable discharge for the later is highly unlikely.  

During the applicant’s service he was hospitalized in January 1943 for pneumonia and sought medical attention on at least eight other occasions.  He was returned to duty each time.  On the report of his physical examination for separation the applicant wrote “No” in answer to the question – Have you any reason to believe that at the present time you are suffering from any wound, injury or disease or that you have any disability or impairment of health, whether or not incurred in the military service.  The examining physician noted that a
15 July Chest X-ray was clear and described no other defects or health problems except for two missing upper teeth.
 
A 16 June 1950 VA medical evaluation produced a primary diagnosis of psychogenic gastrointestinal reaction.  He reported severe burns in an 1960 accident and in 1974 was rated as 70 percent disabled due to non-service connected conditions.

Prior to 1 October 1949, on which date the Career Compensation act of 1949, Public Law 351, 81st Congress, became effective, the was no provision of law whereby an enlisted man with less than 20 years of service could be discharged with severance pay or retired due to physical disability.  Under the previously 

existing law, compensation for service –connected disabilities was entirely under the auspices of the VA. 

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 was medically evaluated at the time of his separation. physical/mental condition. Due to the nature of his discharge, he is eligible for benefits from the VA.  However, it is up to the VA to determine whether any given medical condition is service related or currently disabling.
2. career comp letter

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

_rvo____  __rjw____  __cjs____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998014196	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
2.		
3.		
4.		
5.		
6.