RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070006657 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. John N. Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 correction of his military records to show award of the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  He further asks the Board to determine if he is eligible to receive a disability pension from the United States Army.

2.  The applicant states, in effect, that he was discharged from Percy Jones General Hospital, Battle Creek, Michigan, with a Certificate of Disability, dated 
5 November 1947.  He further states he was told at the time that he had a choice between receiving a pension from the United States Army or from the Department of Veterans Affairs (VA), but not from both.  Recently, he was informed that it was now possible to receive a pension from both the United States Army and the VA.  

3.  The applicant provides copies of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53), Honorable Discharge Certificate, Separation Qualification Record (WD AGO Form 100), High School Diploma, two letters from the VA, a letter from the Disabled American Veterans, and a letter from the National Personnel Records Center. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records are not available for review.  A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  However, there are sufficient documents available to conduct a fair and impartial review of this specific request.

3.  The applicant's WD AGO Form 53 shows that he enlisted in the Regular Army on 25 April 1946 for 18 months.  His military occupational specialty was 677 (Military Policeman).  

4.  On 27 July 1946, the applicant was assigned for duty as a military policeman with the 743rd Anti-Aircraft Artillery Gun Battalion in Luzon, Republic of the Philippines, in the Pacific Theater of Operations.   

5.  On 5 December 1946, the applicant was injured in a jeep accident while on duty in Luzon.  On 5 January 1947, he was returned to the United States.

6.  On 5 November 1947, the applicant was issued a Certificate of Disability for Discharge.  Accordingly, he was honorably discharged on 7 November 1947.  He had attained the rank of corporal and had completed 1 year, 6 months, and 
13 days of creditable active duty.

7.  On 18 February 2004, the VA wrote the applicant a letter stating that he was then in receipt of service-connected disability compensation for his disability incurred during his military service rated at 100 percent disabling.  On 13 July 2005, the VA also sent him a letter approving his application for financial assistance in purchasing an automobile with certain adaptive equipment.

8.  Army Regulation 615-360 (then in effect) provided, in pertinent part, that when an enlisted man with less than 20 years service became unfit because of physical disability, he was separated from the service with a Certificate of Disability for Discharge, irrespective of line of duty status.  A board of medical officers determined if the disease or injury was incurred in line of duty, or if a pre-existing condition was aggravated by service.  

9.  Combat-Related Special Compensation (CRSC) provides tax-free monthly payments to eligible retired veterans with combat related injuries.  CRSC provides both full military retirement pay and VA disability compensation if the injury is combat-related and the veteran served for 20 years or more on active duty.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was injured in a jeep accident while serving overseas on active duty.  There is no indication that his injuries were combat-related.  Furthermore, he did not serve on active duty for a period of 20 years or longer.  Therefore, he is not entitled to compensation from both the United States Army and the VA.
2.  There is insufficient evidence of record available to determine the applicant’s eligibility for award of the Sharpshooter Marksmanship Qualification Badge.  Therefore, his request for this award should not be granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____JNS___  __DWT__  __JTM  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




__        John N. Slone ______
          CHAIRPERSON




INDEX

CASE ID
AR20070006657
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
. . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.