PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           8 March 2001
	DOCKET NUMBER:   AR2000048518

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

	Mr. Carl W. S. Chun		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz 		Member	
	Mr. William D. Powell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that he be granted 1 day of active duty service credit between the periods 8 July 1942 through 7 January 1946.

3.  The applicant states, in effect, that he was an enlisted soldier in the Army National Guard from 10 December 1936 to 9 December 1939 and an officer in the Medical Administrative Corps and Medical Corps from 8 July 1942 through 7 January 1946.  He tried to enter on active duty, but was prohibited because of "multiple calcifications throughout both lung field; and tuberculosis."

4.  The applicant’s military records show that he served in the Maryland Army National Guard as an enlisted soldier from 10 December 1936 to 9 December 1939.  Following graduation from Western Maryland College in 1941, he entered the University of Maryland School of Medicine.  He enlisted in the Army of the United States and accepted a commission as a Second Lieutenant, Medical Administrative Corps on 8 July 1942.  Upon graduating from medical school in September 1944, he completed a 1-year internship at the University of Maryland Hospital and, on 14 April 1945, he was appointed a First Lieutenant, Medical Corps.  He held that appointment until he was forced to resign by reason of physical disqualification on 7 January 1946.  During this period, he did not serve on active duty because of medical problems associated with his lungs.

5.  On 28 June 1954, he entered the United States Navy as a medical officer and served on active duty until honorably discharged on 15 December 1956.  He next entered the US Naval Reserve (USNR) on 15 November 1957 and served until retirement in the rank of Commander (CMDR/O-5) on 1 June 1981.

6.  The Navy denied the applicant retired pay because he had served in the Army Reserve during World War II, but did not serve on active duty.  Title 10, United States Code, section 12731 states that "A person who, before August 16, 1945, was a Reserve of an armed force, or a member of the Army without component . . . is not eligible for retired pay . . . unless the person performed active duty during World War I or World War II.  The term 'World War II' means the period beginning on September 9, 1940, and ending on December 31, 1946."

CONCLUSIONS:

1.  The applicant is statutorily precluded from receiving retired pay because of his inactive Army service during World War II.  However, the applicant had a disqualifying medical condition involving "multiple calcifications throughout both lung field; and tuberculosis" which precluded his active service.  He later was granted a medical waiver and served on active duty with the United States Navy for 30 months followed by more than 23 years of service in the USNR.

2.  The Board believes that had he been physically able, the applicant would have served on active duty during the World War II period.  The Board therefore finds it unjust and inequitable to deny the applicant retired pay simply because he never served on active duty as an Army Reservist.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned performed 1 day of active duty other than for training during the period 8 July 1942 and 7 January 1946.

2.  The applicant is advised to make application for retired pay to the Board for Correction of Naval Records and provide a copy of this document to show proof of active duty service in the Army during the World War II period.

BOARD VOTE:  

__rwa___  __bjl____  __wdp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Roger W. Able___
		        CHAIRPERSON

INDEX

CASE ID	AR2000048518	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	113.0400	
2.		
3.		
4.		
5.		
6.