MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:              10 March 1999               
	DOCKET NUMBER:      AR199906905

	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. Loren G. Harrell		Director	
	Mr. Clark		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		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 military records be corrected to show that he was separated by reason of physical disability.

APPLICANT STATES:  That he was supposed to have received a discharge for disability but somehow he ended up with a blue discharge (an other than honorable discharge which at the time was printed on blue paper).  He states that he has been told that his records were burned in a fire; that he has been trying for years to get this injustice corrected; that the Army Discharge Review Board refused to review the circumstances; and that he is submitting documents in support of a humanitarian correction of the record.  

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from available reconstructed records.

The applicant's service medical records show:

He entered active duty on 12 October 1942.

A hospital document, Form 55b, shows that he was admitted to that hospital with a history of a penile lesion "since 20 August 1942…treated by doctor twice."

Form 52, Medical Department, U.S.A., shows that he was hospitalized on 
12 October 1942 and treated for "New Syphilis" with manifestations of facial eruptions, deep seated pigmented lesions and a healing chancre" which was determined not to be in line of duty, EPTI (existed prior to induction).

A Form 52b shows that he was administratively admitted to a hospital on 
7 September 1943 for a spinal puncture in relation to a diagnosis of syphilis.

A Form 52b - Medical Department, U. S .A shows that he was treated at the 199th Ordnance Dispensary on 16 September 1943 for a "sore back since last spinal puncture (old Syphilis case)."  He was referred to the 98th Evacuation Hospital for admission.

A Form 52b shows that he was treated at the 98th Evacuation Hospital and returned to a duty status on 21 September 1943 with a diagnosis of obsessive-compulsive state, moderate.

A Form 52b shows that on 16 February 1944 he was treated at the 619th Dispensary for recurrent lumbar strain.  The examining physician wrote "Line of Duty No, EPTI (existed prior to induction)."

Progress Notes, Form 55F, show that on 9 March 1944 the applicant complained of pain in his feet and inability to get furlough.  "States  his mind is bad."  The examining physician additionally wrote "There is a great voluntary factor in this patients condition.  It is quite apparent he has no desire to do duty."

A Clinical Record Brief prepared at the 34th General Hospital on 11 March 
1944, shows that the applicant was transferred to that hospital from the 
619th Clearing Station with three diagnoses: Syphilis, Pes Planus (flat feet) and Strain, chronic, recurrent.  All three diagnoses were determined not to have been incurred in line of duty.  An entry regarding the strain shows "Strain, mild, lumbosacral, strained back while lifting car wheel as a civilian in 1939."

A Form 52b shows that on 26 March 1944 he was treated at a hospital for penile lesions.

On 14 October 1944 he underwent a separation physical examination at Fort Dix, New Jersey.  The Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release From Active Duty or Retirement, W. D., A. G. O. Form No. 
38, shows, in Item 12. Psychiatric Diagnosis, "See #43."  Item 43 shows "Constitutional psychopathic State.  Inadequate personality.  Drug addiction (marijuana)."

A hospital medical form, W. D., A. G. O. Form No 8-24, with the words "Carded for Record Only (not admitted to hospital) shows that the applicant, assigned to the 1245th SCSU Separation Center at the time, was treated on 15 October 
1944.  Item 13, Disposition, shows "Disch (Blue) AR 615-368, pp 59, SO #276, Hq ASFTC, Ft FE Warren, Wyo, dtd 2 October 1944."

On 15 October 1944 he was discharged.

A VA Form 3101, Request for Army Information, dated 5 December 1950, shows "Cause of Discharge:  Inaptness, lack of adaptability and habits and traits of character which render his retention in the service undesirable."  The document further shows "The records show the Army Discharge Review Board has denied application for change in character of discharge from Other than Honorable to Honorable."

A VA Form 3101, dated 10 January 1951, shows, in part, "Army Discharge Board denied application for change in character of discharge."  The document further shows "certificate states half of veterans two-year period of service was in hospital for treatment of venereal disease." 

On 22 March 1982 he submitted an application to this Board.  He contended at that time "The CO report contained serious inaccuracies prejudicial to my interests, therefore, the type of discharge I received in 1944 is inequitable."
On 27 October 1982 he was notified by the Chief, Army Board of Correction Military Records Personnel Services Directorate, St Louis, Missouri, that his records had been destroyed in the 1973 fire at the National Personnel Records Center (NPRC).

On 2 December 1982 he was notified by a staff member of the Board that his records were lost or destroyed in the 1973 fire at the NPRC.

The documents submitted by the applicant include a Marriage Certificate, a Norfolk, Virginia, Police Record Check, statements attesting to an act of honesty by the applicant on 28 May 1985, and a 19 December 1997 letter addressed to a Member of Congress from the NPRC advising that the applicant's records had been destroyed in the 1973 fire.

Army Regulation 615-360, in effect at the time, set forth the policy and procedures for separation of enlisted personnel.  Section VIII provided for cases of inaptness (lack of a required degree of adaptability) and for those who demonstrated undesirable habits and traits of character.  This section stated the basic War Department policy that no man would be separated prior to the expiration of his term of service unless no useful service could be obtained from him.  Normally a blue discharge certificate stating only the pertinent regulation, but neither a reason for separation nor a characterization of service, was used to identify this other than honorable discharge.  An honorable discharge was issued to those individuals who tried faithfully to serve, but could not.

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 available evidence of record indicates that half of the applicant's two-year period of service was served as a hospital patient undergoing treatment for venereal disease; and that he was separated under the provisions of Army Regulation 615-360 for inaptness, lack of adaptability and habits and traits of character.  Accordingly, the issuance of a blue discharge was correct and in accordance with regulation.

2.  There is no evidence of record, nor has the applicant provided sufficient evidence which would indicate that he was physically unfit for further military service at the time of his separation.  Accordingly, there is no basis on which to grant his request.

3.  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_____  MW_____  KLW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR199906905	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 March 10	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
2.		
3.		
4.		
5.		
6.