IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150012461 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150012461 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________X____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150012461 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant, the widow of a deceased former service member (FSM), requests correction of his records to show he was not discharged due to a mental condition. 2. The applicant states, in effect, the FSM previously submitted an application and indicated that he had an accident when he was 3 months old that caused the damage. He felt this labelled him incorrectly. She assumed that the Army would follow up on his issue but nothing was done. He died in December 2013 and she is following up on his request. 3. The applicant provides: * National Archives and Records Administration (NARA) Form 13038 (Certification of Military Service) * Certificate of Marriage * FSM's Death Certificate CONSIDERATION OF EVIDENCE: 1. The FSM's complete military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 2. The FSM's NARA Form 13038 shows he served honorably in the Army of the United States from 16 April 1953 to 21 July 1953. 3. His reconstructed records contain: a. DA Form 1 (Morning Report), dated 21 July 1953, pertaining to a subordinate unit of the 31st Infantry Division. This form shows the FSM was released from his unit, Company C, 155th Infantry, and reassigned to the 5015th Army Service Unit at Camp Atterbury. b. A continuation to the DA Form 1 that shows the FSM was honorably discharged by authority of Special Regulations 600-450-10 due to medical disqualification because of a condition that existed prior to service (EPTS). c. Special Orders Number 168, issued by Headquarters, Camp Atterbury, IN, on 16 July 1953, ordering him to report to the Army Transfer Point for separation effective 21 July 1953. His term of service is listed as 2 years and his original separation date is listed as 14 April 1955. 4. In September 2013, the FSM applied to this Board for the correction of his records. A staff member of the Board corresponded with him and advised him that there was insufficient documentation to adjudicate his case and at a minimum he must submit his WD AGO Form 53-55 (Enlisted Record and Report of Separation) or DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). He did not respond. 5. On 6 December 2013, the FSM died. The applicant is listed as the informant. REFERENCES: 1. Special Regulation 600-450-10 is no longer in effect.; However, the current regulation, Army Regulation 635-40, establishes the Army Physical Disability Evaluation System and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. It provides for medical evaluation board's which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501 (Standards of Medical Fitness). a. According to accepted medical principles, certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before the individual entered the military service. Examples are congenital malformations and hereditary conditions or similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusion that they existed prior to military service. Likewise, manifestation of lesions or symptoms of chronic disease from date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) will be accepted as proof that the disease existed prior to entrance into active military service. b. Chapter 9 provided the procedures for the expeditious discharge for EPTS disabilities. It provided that when an enlisted member on active duty was believed to be incapable of performing his or her duties with reasonable effectiveness because of a disability, which was believed not to have been aggravated during any period of active service, the commander concerned would initiate action to request a physical examination. The medical examination would be forwarded to a medical board for use in consideration of the case and a medical board evaluation would be accomplished. It further stated that when the medical board recommended a member's separation because of medical unfitness which existed prior to entry into military service or which was incurred when the member was not entitled to basic pay and which had not been aggravated by such service, the medical treatment facility commander would cause the member to be offered the opportunity for expeditious separation, if he or she was otherwise eligible. DISCUSSION: 1. The complete facts and circumstances surrounding the FSM's discharge in 1953 are not available for review with this case. However, there are sufficient remaining documents that shows he entered active service on 16 April 1953 and he was honorably discharged due to an EPTS condition on 21 July 1953. 2. It appears he suffered from a medical condition that rendered him unable to satisfactorily perform the duties of his grade and military specialty. According to accepted medical principles, the manifestation of a chronic disease from the date of entry on active military service (or so close to that date of entry that the disease could not have started in so short a period) is accepted as proof that the disease existed prior to entrance into active military service. 3. The Army presumes that a Soldier is in sound physical and mental condition upon entering active service (presumption of soundness) except for physical disabilities noted and recorded at the time of entry or when there is evidence of an EPTS condition that is discovered shortly after entry on active duty. As a matter of policy, the Army accepts many members with EPTS conditions on the chance that they can successfully complete training and serve. When disqualifying symptoms occur during training or shortly after entry on active duty, these individuals are subject to separation based on the EPTS condition. 4. The FSM was discharged due to his medical disqualification. In the absence of evidence to the contrary, it is presumed that his discharge was appropriate. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012461 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012461 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2