IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100021599
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show he had trench foot.
2. The applicant states, in effect, he was diagnosed with a severe case of trench foot while serving in Germany and subsequently evacuated to DeWitt General Hospital in California where he was discharged for disability.
3. The applicant provides a copy of his WD AGO Form 53-55.
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 applicants 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 applicants 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 record is not available to the ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using documents contained in a reconstructed NPRC file, including service medical records copied from his file at the Department of Veterans Affairs.
3. The applicant was inducted into the Army of the United States on 19 April 1944.
4. A WD AGO Form 40 (Certificate of Disability for Discharge) shows a board of medical officers convened on 26 September 1945 and found him unfit for military service because of bilateral trench foot. The board recommended his discharge, which was approved.
5. He was honorably discharged on 29 September 1945 after completing 1 year, 5 months, and 11 days of active military service.
6. His WD AGO Form 53-55 does not show he had trench foot. The form shows the following entry in item 40 (Reason and Authority for Separation): "Certificate of Disability for Discharge Section I AR 615-361 Special Order 237 paragraph 1 dated 28 September 1945 DeWitt Gen Hosp Auburn Calif."
7. War Department Technical Manual 12-235 provided instructions for completing the WD AGO Form 53-55. Wounds received in action were to be entered in item 34 of the form. There were no provisions for entering diseases or medical conditions on the form.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant requests correction of his WD AGO Form 53-55 to show he had trench foot, the manual governing the form did not provide for entering that information.
2. Although there is no basis for granting the requested relief, the applicant will receive a copy of this Record of Proceedings, which will include a copy of his WD AGO Form 40. He may use that document as evidence of having had trench foot.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ____X___ 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.
_______ _ __X_____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20100021599
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ABCMR Record of Proceedings (cont) AR20100021599
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