RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          10 November 2005
      DOCKET NUMBER:  AR20050003532


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Michael Flynn                 |     |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, as the daughter and next of kin of a deceased former
service member (FSM), requests that her late father's military records be
corrected to show service connected disabilities (in effect, a medical
discharge).

2.  The applicant states the FSM had service connected disabilities (Post
Traumatic Stress Disorder (PTSD), an enlarged heart, and high blood
pressure) which led to his untimely death at the age of 57.  She contends
that he suffered from PTSD due to his World War II service.

3.  The applicant provides a copy of the FSM's WD AGO Form 53-98 (Military
Record and Report of Separation): a WD AGO Form 100 (Separation
Qualification Record); the FSM's death certificate; her birth certificate;
documentation from the Department of Veterans Administration (DVA);
photographs of her parents; copies of letters the FSM wrote his wife during
World War II; and medical records.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are 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 that the FSM's
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record for the Board to
conduct a fair and impartial review of this case.

2.  The FSM entered active duty on 7 April 1943.  He served as an infantry
officer in the European Theater of Operations from 4 February 1945 through
19 August 1945 and was released from active duty on 10 May 1946.

3.  By letter dated 11 July 1950, the Office of The Adjutant General
informed the FSM he was honorably discharged by reason of withdrawal of
Federal recognition from his commission as a First Lieutenant, Infantry,
National Guard of the United States.

4.  There are no service medical records available.

5.  There is no evidence in the available records which shows the applicant
was diagnosed with any mental or medical condition which rendered him unfit
to perform his military duties prior to his release from active duty on 10
May 1946.

6.  The FSM died on 2 July 1973.
7.  On 27 November 1973, the DVA denied benefits for a service connected
death because the evidence did not show that the FSM's death was attributed
to a disability incurred while in service.

8.  Army Regulation 635-40 governs the evaluation for physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  It states that the mere presence of an impairment
does not, of itself, justify a finding of unfitness because of physical
disability.  In each case, it is necessary to compare the nature and degree
of physical disability present with the requirements of the duties the
Soldier reasonably may be expected to perform because of his or her office,
grade, or rank.  It states that disability compensation is not an
entitlement acquired by reason of service-incurred illness or injury;
rather, it is provided to Soldiers whose service is interrupted and they
can no longer continue to reasonably perform because of a physical
disability incurred or aggravated in service.  When a Soldier is being
processed for separation for reasons other than physical disability,
continued performance of assigned duty commensurate with his or her rank or
grade until the Soldier is scheduled for separation or retirement indicates
that a Soldier is fit.

9.  Title 38, U.S. Code, sections 1110 and 1131, permits the DVA to award
compensation for a medical condition which was incurred in or aggravated by
active military service.  The DVA, however, is not required by law to
determine medical unfitness for further military service.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant contends that the FSM had service connected
disabilities which led to his untimely death, there is no medical evidence
of record that shows the FSM had any mental or medical condition prior to
his release from active duty on 10 May 1946.  There is also no evidence of
record to show he was ever medically unfit to perform his duties.  There is
evidence of record to show he continued to serve in the Army through July
1950.  Therefore, there is no basis to show the FSM received a medical
discharge.

2.  The DVA does not fall under the purview of this Board or the Department
of Defense.  The DVA, operating under its own policies and regulations,
assigns disability ratings as it sees fit.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MP_____  _LS____  _MF_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



            __Margaret Patterson__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003532                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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