APPLICANT REQUESTS: That block 23 of his DA Form 199, Proceedings of Physical Evaluation Board (PEB), be corrected to show that his disabilities were incurred in combat with an enemy of the United States.
APPLICANT STATES: That the individuals who comprised his PEB never asked him, nor did they attempt to ascertain, how his accident occurred. He was only 21 years old at that time and did not understand the importance of having his disabilities listed as combat incurred, but since his civil service retirement he has had his disability retirement from the Army terminated and the money he had received from his disability since his civil service retirement recouped from him.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 20 February 1946, served as a automobile mechanic, was promoted to pay grade E-5, and was honorably discharged on 28 January 1950.
He enlisted in the Army National Guard (ARNG) on 8 May 1950 and from the ARNG to the Enlisted Reserve on 25 July 1950. He was called to active duty on 26 October 1950.
On 20 January 1951 the applicants hand became caught in a cable wench of a bulldozer which he was operating in Korea, resulting in the traumatic amputation of his index finger and the phalanx of his middle finger.
His medical fitness was the subject of a PEB, which determined that he was medically disqualified and recommended that his name be placed on the permanent disability retired list (PDRL), rated 30 percent disabled. The proceedings of the applicants PEB has block 23, [disability] incurred in combat with enemy of the United States marked as No.
Those findings and recommendation were approved and the applicants name was placed on the PDRL effective 1 September 1952.
Guidance provided to the Board from the Physical Disability Agency (PDA) specifies that a disability or injury is considered to be a direct result of armed conflict if the injury or disease was incurred while the soldier was engaged in armed conflict, an operation or incident, involving armed conflict or the likelihood of armed conflict, while interred as a prisoner of war or detained against their will in the custody of a hostile or belligerent force, or while escaping or attempting to escape from such prisoner of war or detained status. The disability must also be based upon a direct causal relationship between the armed conflict, operation, prisoner of war, or detained status and the injury. This is not a casual connection or just having something occur to the soldier while in an area of armed conflict or hostilities. Normally, soldiers who sustain injuries while assigned to administrative, supply, or other support duties in the rear area are not considered to be in the area of combat operations unless the injury is actually incurred during an enemy attack in the immediate area. There must be a direct cause and effect between the armed conflict and the disability.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. There is no evidence of record, nor has the applicant submitted any documentation which would show that his disabilities were incurred in combat, as defined by the PDA.
2. In view of the preceding, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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