MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 September 2000                   
	DOCKET NUMBER:   AR2000044713

	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. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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:  That he receive the rank for the duties he performed.

APPLICANT STATES:  That there is no record of the hearing loss he sustained on 24 March 1953 from a grenade explosion.  He lived with the problem a lot of years but in recent years he has had a lot of trouble with hearing aids.  He provides no supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 7 November 1951.  He was promoted to the temporary rank of Corporal (CPL), E-4 on 31 January 1953.  He was assigned to Korea on 14 July 1952.  His Soldier’s Qualification Record, DA Form 20, shows he was assigned to Battery B, 159th Field Artillery Battalion from 21 July through 5 November 1952 and performed duties as a cannoneer.  He was assigned to Company B, 32d Infantry from 6 November 1952 to April 1953 and performed duties as a rifleman.  He was wounded on 4 April 1953 with a gunshot wound to the right hand and left upper arm and hospitalized.  

On 6 August 1953, the applicant was evaluated by a medical evaluation board (MEB) for diagnoses of missile wound, right index finger and left forearm; fracture of lower third of left radius; amputation of right index finger; limited motion of left forearm; and incisional scar, left forearm.  It was recommended he be referred to a physical evaluation board (PEB).  

On 14 August 1953, the applicant was evaluated by a PEB for the five diagnoses noted by the MEB.  The applicant appeared before the PEB and was asked if all the disabilities for which he believed the Government responsible were limited to his right index finger and left forearm.  He replied in the affirmative.  The PEB found the applicant to be unfit for duty with a 50 percent disability rating.  

On 30 September 1953, the applicant was retired due to a permanent disability in the rank of CPL. 

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

2.  The evidence of record shows the applicant performed duties as a cannoneer and rifleman prior to his hospitalization.  There is no evidence to show that he performed any other duties that would appear to warrant any grade higher than CPL.  There is no evidence to show that he was recommended for a higher rank.

3.  There is no evidence of record to show the applicant received a hearing loss injury due to a grenade explosion.  The applicant had an opportunity to mention such a condition or that he received such an injury at his PEB hearing in August 1953, only five months after he states the injury occurred.  The evidence shows that he did not mention it at the time.  

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

__jhl___  __clg___  __ena___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044713	
SUFFIX		
RECON		
DATE BOARDED	20000921	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	131.00	
2.	108.01	
3.		
4.		
5.		
6.