RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           25 August 2005
      DOCKET NUMBER:  AR200400211069


      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. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms, Linda M. Barker               |     |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 her late father, a former
service member (FSM), be acknowledged as a "casualty of war."

2.  The applicant states, in effect, the FSM was never recognized as a
casualty of war.  She also states her parents were married in 1946, after
her father's honorable discharge on 1 February 1945.  She indicates he was
diagnosed with tuberculosis in 1951, and was hospitalized in the Saint
Louis Veterans Affairs (VA) Medical Center.  She also states that he
returned home in March 1955 and on 1 June 1955, the FSM died at the age of
thirty three from a horrific hemorrhage.  She finally states that the FSM's
wife and four children did not receive full benefits because the FSM was
never acknowledged as a casualty of war.

3.  The applicant provides the following documents in support of her
request:  Self-Authored Statement; Enlisted Record and Report of Separation
Honorable Discharge (WD AGO Form 53-55); Department of Veterans Affairs
(VA) Letter dated 31 July 1951; and Death Certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 1 February 1945.  The application submitted in this case is
dated 5 November 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 limitations 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 FSM's military records were 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 his records were
lost in that fire.  However, there were sufficient documents in the
reconstructed record to allow the Board to conduct a fair and impartial
review of the case.

4.  The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the
United States and entered active duty on 7 October 1942.  It also shows he
served in the Asiatic Theater of Operations (PTO) from 14 November 1943
through 28 October 1944, and that he earned the following awards during his
active duty tenure:  Asiatic Pacific Campaign Medal with 1 bronze service
star and 2 Oversea Service Bars.  Item 34 (Wounds Received in Action)
contains the entry “None”, and the Purple Heart is not included in the list
of awards earned by the FSM during his active duty tenure.

5.  The National Personnel Records Center (NPRC) file provided on the FSM
includes a document titled "Information from Hospital Admission Cards"
prepared by the Office of the Surgeon General created on 17 December 2004.
This document indicates that the FSM was admitted to a Station Hospital on
17 April 1944, and that he was diagnosed with Malaria [an infectious
disease caused by a parasite that is transmitted by the bite of infected
mosquitoes, common in hot countries, the disease is characterized by
recurring chills and fever], which was incurred in the line of duty.

6.  On 1 February 1945, the FSM was honorably separated and provided a
Certificate of Disability for Discharge having completed a total of 2
years,
3 months and 25 days active federal service.  The highest rank he attained
was private first class/E-3 (PFC/E-3).

7.  The applicant provides a copy of the FSM's death certificate which
shows he died on 1 June 1955.

8.  The applicant provides a letter from the VA that indicates a claim for
service connected chest condition was considered on 30 July 1951.  That
agency determined that the evidence of record indicated that the FSM
developed the chest condition six years after the date of his discharge and
his claim was denied.  The FSM was advised that even if he had no
additional evidence to submit to support his claim, but had substantial
reason to believe that the VA's decision was not in accordance with the law
and the facts in his case, he could appeal to the Administrator of Veteran
Affairs within one year.  The FSM was further advised that he would
continue to receive compensation for a service connected nervous condition.

9.  Section II, Army Regulation 615-361, in effect at the time, stipulated
that when an enlisted man with less than 20 years service became unfit
because of physical disability, as determined by a board of medical
officers, he would be separated from the service with a Certificate of
Disability for Discharge.  By law, members separated under these provisions
were authorized pensions from the VA.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the FSM was not declared of "casualty
of war" and that her family did not receive full benefits were carefully
considered.  However, there is insufficient evidence to support this claim.


2.  There was no official “casualty of war” designation entered in
Department of the Army records at the time of the FSM’s discharge.  In
order to be categorized a battle casualty, a member must have received a
wound/injury as direct result of, or that was caused by enemy action, and
this fact would have been documented in Item 34 of the WD AGO Form 53-55,
and the member would have been awarded the Purple Heart.  There is no
indication the applicant was ever wounded/injured in action, treated for a
combat related wound/injury, or awarded the Purple Heart.

3.  The evidence of record indicates the FSM was discharged from the Army
on
1 February 1945.  His discharge was the result of a determination by
military medical authorities that he was unable to perform his military
duties due to a medical condition.  Hospital files confirm he was
hospitalized and treated for malaria while he was on active duty.  In
accordance with the regulation in effect at the time, he was separated from
the service with a Certificate of Disability for Discharge, and was
authorized a pension from the VA.

4.  Entitlement to benefits administered by the VA is determined by that
agency under its own policies and regulations.  As a result, a
determination of what constitutes a “casualty of war” status for VA
purposes is not within the purview of this Board.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  The applicant should have discovered the alleged error or injustice now
under consideration on 1 June 1955, the date of the FSM's death.
Therefore, the time for the applicant to file a request for correction of
any error or injustice expired on 31 May 1958.  However, she failed to 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

___MKP_  __REB __  ___LMB_  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.




            ___Margaret K. Patterson____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011069                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/08/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1945/02/01                              |
|DISCHARGE AUTHORITY     |AR 615-361                              |
|DISCHARGE REASON        |Certificate of Disability               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0015                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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