MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            26 April 2000                  
	DOCKET NUMBER:   AR1999030358

	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. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Curtis L. Greenway		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 item 21 (wounds received in service) of his Enlistment Record, WD AGO Form 55, be changed to show that he was shot and disabled because of it.

APPLICANT STATES:  That the record should be changed to show that he was wounded and disabled in order to reflect the reason why his health was shown as “Poor” in item 27 (physical condition on discharge) of his record.

In support of his request, he has provided a copy of his Enlisted Record and a letter from the DVA certifying that he is receiving compensation for service related disabilities.

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

The record shows that he was inducted on 24 August 1942 and released to the Enlisted Reserve Corps then recalled to active duty on 5 September 1942.  His Army specialty was decontamination equipment operator.  He served approximately 7 months in the European Theater of Operations and was honorably discharged with a Certificate of Disability Discharge on 7 April 1944 in the grade of private.

His awards include the European-African-Middle Eastern Campaign Medal and the Honorable Service Lapel Button.

Item 21 of his Enlistment Record contains the entry “None”.  Item 27 states that his physical condition on discharge was “Poor”.

There are no military records available to show why his physical condition was rated as poor or why he was issued a Certificate of Disability Discharge.  However, the accompanying letter provided from the DVA states that he is in receipt of compensation for the following disabilities: 70 percent Hip, Ankylosis of Residuals of Gun Shot Wounds; 10 percent Osteomyelitis, Chronic; 10 percent Knee Limitation of Flexion.

An extract of information from Hospital Admission Cards, created by the Office of the Surgeon General for the year 1944, shows that the applicant was treated for a fracture of the spine as a result of a bullet.  The circumstances of the injury indicate that it was a non-battle injury occurring while handling, firearms, ammunition, etc.

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.  Wounds received in service, item 21 of the Enlistment Record, is generally intended to record wounds resulting from combat action.  Instructions for completing this entry on the Enlisted Record and Report of Separation, for example, shows that the date wounded and the theater of operations where it occurred will be entered.  Since his injuries were not combat related no entry would be placed in item 21, therefore, it is believed that the “None” entry in this item is correct.

2.  At the time of his discharge, he was issued a Certificate of Disability Discharge that detailed the reason for his separation and his physical condition at the time.  It appears that this is the appropriate document for explaining his “Poor” physical condition at discharge.

3.  Absent a copy of the Certificate of Disability Discharge, it is still considered inappropriate to reflect his injuries in item 21 of his Enlistment Record.

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

__sk____  ___kak__  ___clg ___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030358	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000426	
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. 110.00		
2.		
3.		
4.		
5.		
6.