RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 June 2005
      DOCKET NUMBER:  AR20040009794


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his honorable discharge (HD) be
corrected to show that he was separated due to medical reasons.

2.  The applicant states that his hearing loss was not caused by childhood
trauma, it was caused by an Army training exercise and improper treatment.
His induction physical indicates his hearing was normal.

3.  The applicant provides in support of his request:

      a.  Correspondence that was written between him and his congressional
representatives, dated 26 August 1982, 13 September 1982, 20 May 1999,
10 June 1999, 6 July 1999, and 21 September 1999.

      b.  Statements written by his brother and sister, dated 13 April 2000
and the second one is undated.


      c.  Report of Physical Examination and Induction, dated 15 March 1943.


      d.  Form 55B (Chief Complaint-Consultation on Admission-Previous
Personal History), undated.


      e.  WD AGO Form 40 Certificate of Disability for Discharge, dated
27 September 1943.

      f.  Enlisted Record and Honorable Discharge Certificate.

      g.  Department of Veterans Affairs (DVA) Rating Decision, dated 19
June 2003 and supporting documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1944.  The application submitted in this case is
dated stamped
10 September 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973.  Information herein was
obtained from alternate sources.


4.  On 15 March 1943, the applicant was inducted into the Army of the
United States.  His induction physical examination shows that his hearing
was 15/15 in both the left and right ear.

5.  The applicant's Form 55B shows that while he was assigned to Camp Polk,
Louisiana, he was hospitalized and evaluated for an ear problem.  At the
time of his examination, he stated that he had experienced trouble with his
right ear for the past 7 years.  At age 12, he suffered a blow to the right
ear and some bleeding occurred from the canal.  Since that time, he had
experienced "recurrent periods of discharge-purulent (containing or
consisting of pus) in nature."  The current episode began approximately 1
month ago and it had continued with persistent purulent discharge.

6.  The applicant's certificate of disability shows that on 9 September
1943, he was diagnosed to suffer from Otitis Media (inner ear infection),
right ear.

7.  On 13 September 1943, a board of medical officers determined the
applicant was unfit for further service due to Otitis Media, chronic,
supportive, right ear, caused by trauma sustained in civilian life, and
prior to induction.  His hearing was determined to be 20/30 in the right
ear and 20/20 in the left ear.  His condition was not aggravated by active
military service.  The condition rendered the applicant unfit for
performing the duties of a Soldier because of the continuous discharge of
pus from the ear.  The applicant's disability was determined to be "not in
the line of duty and not due to his own misconduct."  It was the opinion of
the board that the applicant was unfit for further military service in both
an active and limited capacity; therefore the board recommended that the
applicant be separated.

8.  On 27 September 1943, the appropriate authority approved the
recommendation for separation and directed that the applicant be issued an
HD. the applicant was honorably separated with an HD on the same date.

9.  On 19 June 2003, the DVA denied the applicant's request for a service
connection disability for bilateral hearing loss.  The applicant appealed
the DVA's decision and he was again denied on 22 April 2004.

10.  Army Regulation 615-365, in effect at the time set forth the basic
policy, and guidance for the prompt elimination of enlisted personnel for
the convenience of the government.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations, then in effect, with no indication
of procedural errors which would have jeopardized his rights.

2.  The type of discharge directed and the reason, therefore, was
appropriate considering the facts of the case.

3.  The evidence supports that the applicant's physical condition existed
prior to induction and it was not service aggravated.

4.  The available record does not show the applicant was ever injured
during an Army training exercise or that he received inadequate treatment
for any medical condition.  The applicant has provided no evidence to the
contrary.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 September 1943; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
26 September 1946.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __kwl___  __drt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.


                                  Raymond J. Wagner
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009794                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19430927                                |
|DISCHARGE AUTHORITY     |AR 615-365                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |124.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |






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