RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 MARCH 2005
      DOCKET NUMBER:  AR20040002869


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Thomas Howard                 |     |Chairperson          |
|     |Mr. Robert Osborn                 |     |Member               |
|     |Mr. James Gunlicks                |     |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 that his records be correct to show that he now
goes by the hyphenated first name of “Paul-Andrew” vice the first name of
“Paul” and a middle name of “Andrew.”  The applicant also states that he
should receive both Army disability payments and Department of Veterans
Affairs compensation “together.”

2.  The applicant states, in effect, that he is being denied medical
benefits, treatment, and a transplant.

3.  The applicant provides a copy of his 1997 Department of Veterans
Affairs rating decision, and copies of various documents showing his
hyphenated name as “Paul-Andrew,” including his military identification
card, social security card, and Washington State driver’s license.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 February 1986.  The application submitted in this case
is dated
1 June 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.  Records available to the Board indicate that the applicant entered
active duty on 1 December 1981.  His enlistment documents, and all of the
documents in his official military personnel file indicate that he utilized
the first name of “Paul” and the middle name of “Andrew” throughout his
military service.  He authenticated documents by signing them as “Paul A.”
or “Paul Andrew.”  He did not hyphenate his name during his military
service.

4.  On 3 February 1986 the applicant was retired by reason of physical
disability. He received an Army disability rating of 80 percent for
“mesangioproliferative glomerulonephritis, moderately decreased kidney
function” from an informal Physical Evaluation Board convened on 22
November 1985.  The applicant concurred with the rating decision and waived
his right to a formal hearing.  By 1994 the applicant’s kidney condition
was rated at 100 percent by the Department of Veterans Affairs and he had
received additional ratings for other conditions determined by the
Department of Veterans Affairs to be service connected.  His combined
rating by the Department of Veterans Affairs for all of his medical
conditions was 100 percent effective 27 January 1994.

5.  In 1988 the applicant submitted a petition to this Board to have his
Army disability rating increased, in addition to several other demands.
The Board denied his request.  In that 1988 application, the applicant
identified his name as “Paul A.” and authenticated the application with a
signature of “Paul A.”  He did not hyphenate his name.

6.  The 1997 Department of Veterans Affairs also shows the applicant’s name
as “Paul A.” and not hyphenated as “Paul Andrew.”

7.  Public Law 108-136, the National Defense Authorization Act for Fiscal
Year 2004, contained a provision to restore retired pay currently deducted
from retirees’ accounts due to their receipt of Department of Veterans (VA)
compensation.  This restoration of retired pay is known as Concurrent
Disability Pay (CDR).  It is applicable to all retirees who have a VA
rated, service-connected disability of 50 percent or higher with the
exception of disability retirees with less than 20 years of military
service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence indicates that the applicant entered active duty and
served his entire enlistment utilizing the name “Paul Andrew” or “Paul A.”
There is no indication that he utilized the hyphenated name “Paul-Andrew.”


2.  It is noted that the Army has an obligation, for historical purposes,
to maintain records as they were constituted at the time of creation.  The
fact that the applicant now utilizes a hyphenated name, or that other
agencies have issued identification documents reflecting that hyphenated
name, is insufficient to justify changing his military records, as they
were originally constituted.  However, the applicant should be aware that a
copy of these proceedings will be included in his Official Military
Personnel File to show that he now uses the hyphenated name of “Paul-
Andrew.”

3.  The applicant did not have 20 years of military service at the time he
was retired by reason of physical disability and as such is not eligible
for CDR.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 February 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
2 February 1989.  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

___TH  __  ___RO__  ___JG  __  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.




                                  __     Thomas Howard ______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040002869                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050322                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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