MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           6 February 2001                
	DOCKET NUMBER:   AR2000050651

	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	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Thomas Lanyi		Member	
	Mr. Walter T. Morrison		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 his WD AGO Form 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement) be corrected to show that his injuries during World War II were in the line of duty.

APPLICANT STATES:  That item 41 of his WD AGO Form 38 which refers to conditions 11ab (back injury and kidney trouble) should be changed from line of duty NO to line of duty Yes.  He contends that he suffered these injuries during his World War II service.

In support of his request, he submits a copy of his WD AGO Form 38; several copies of hospital admission cards showing he was admitted to the hospital for back sprains on various dates and showing that the injuries were determined to have been in the line of duty; copies of an Organizational or Detachment Commander’s Report showing his admission to the hospital and also indicating that his injury was in line of duty (but does not identify the injury) and an illegible copy of a unit morning report.

EVIDENCE OF RECORD:  The applicant's military records were apparently lost or destroyed in the 1973 fire at the National Personnel Records Center.  Information herein was derived from documents provided by the applicant.

WD AGO Form 38, dated 7 December 1945, states in item 11 that the applicant suffered “a) Back injury and b) Kidney trouble” during his service.  Column 3, adjacent to item 11, contains the annotation “Yes” which according to the explanatory notes at the bottom of the form indicates that the injuries were incurred while in military service.

Block 16 of the form shows that the applicant suffered from a varicocele.

Block 41, asks (of the examining physician) “In your opinion was wound, injury, or disease incurred in line of duty?”  Responses to this question show conditions 11ab - Yes and condition 16 - No.

The hospital admission cards and the Organizational or Detachment Commander’s Report show that the applicant was admitted to the hospital for injuries that were described as in line of duty.  There are no documents showing treatment for “Kidney trouble” nor is there any evidence showing the etiology of his varicocele.

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 WD AGO Form 38 that the applicant wishes to be corrected was prepared in 1944.  Its use has long since been discontinued and it is no longer available.  Moreover, even if it were possible, changing information on the form would serve no useful purpose.

2. The available records contain no evidence regarding kidney trouble and the applicant does not contend that his varicocele should be considered as an in line of duty condition.

3.  Nonetheless, it appears that the applicant is misreading the information already on the WD AGO Form 38.  Information contained in the columns adjacent to Block 11 of the form indicate that his injuries, 11ab (back injury and kidney trouble), were incurred while in military service.  Block 41 reinforces this finding and shows that conditions 11ab are annotated – Yes, incurred in line of duty and Condition 16 (Varicocele) is indicated as No – not incurred in line of duty.

4.  Therefore, the Board agrees with the applicant that his back injury and kidney trouble were incurred while he was in the military service and were in the line of duty.  However, the Board also believes that the WD AGO Form 38 already reflects these determinations so there is no reason to change it.

5.  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 __  ___tl  ___  ___wtm__  DENY APPLICATION

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

INDEX

CASE ID	AR2000046145	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010206	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.  100.00		
2.   122.00		
3.		
4.		
5.		
6.