IN THE CASE OF:	  

	BOARD DATE:	  18 September 2008

	DOCKET NUMBER:  AR20080011676 


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 correction of his military records to show his current name and to show that he was retired due to medical disability.

2.  The applicant states that he was released from active duty with 20 percent disability and wants a medical retirement. 

3.  The applicant provides no supporting documentation.   He refers to his records located at the National Personnel Records Center (NPRC) in St. Louis, Missouri and lists what may be a Department of Veterans Affairs (VA) claim number.

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.  On 26 August 1966, the applicant, using the name of A____ H____ B____, was inducted into the Army of the United States for 2 years.   On 31 August 1966, he was discharged for the purpose of enlistment into the Regular Army.

3. On 1 September 1966, the applicant enlisted in the Regular Army for 3 years.  He completed his initial training, to include the Basic Airborne Course, and was awarded military occupational specialty (MOS) 62B2P (Engineer Equipment Repair with parachutist qualification).

4.  On 11 April 1967, the applicant was assigned for duty as an engineer equipment helper with the 173rd Engineer Company, 173rd Airborne Brigade, in the Republic of Vietnam.

5.  On 2 March 1968, the applicant was a patient in the 7th field Hospital.  He was subsequently medically evacuated to San Francisco, California.  The applicant’s service medical records were not available for review.

6.  On 21 August 1968, the applicant was assigned for duty as an engineer equipment repairman at Fort Carson, Colorado.

7.  On 2 September 1969, the applicant was released from active duty due to completion of required active duty service and transferred to the United States Army Reserve Control Group (Reinforcement).  He had attained the rank of specialist four, pay grade E-4, and had completed 3 years and 2 days of creditable active duty service. 

8.  The applicant’s service medical records, to include his separation physical are not available for review.

9.  Item 11 (type of Transfer or Discharge) of the applicant’s Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) indicates that he was released upon the expiration of his term of service.  Item 13a (Characterization of Service) indicates that his service was honorable.  Item 15 (Reenlistment Code) indicates that he was fully eligible to reenlist without waiver.


10.  On 27 November 1996, the District Court of Tulsa County, State of Oklahoma, ordered the applicant’s name to be changed to A____ T____ B____ Y____.  A copy of this court document is filed in the applicant’s military records.

11.  Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

12.  Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has an impairment rated at least
30 percent disabling.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was on active duty from 26 August 1966 to 2 September 1969.  While the applicant’s service medical records were not available for review, his DD Form 214 indicates that he was fully eligible for reenlistment without waiver.  There is no available evidence showing that he had incurred any medical condition while entitled to receive basic pay which was so severe as to render the applicant medically unfit for retention on active duty.   Accordingly, the applicant was separated from active duty for reasons other than physical disability.  

2.  The applicant served in the Regular Army and was honorably released from active duty using the name currently recorded in his military records.  There is no evidence presented that shows the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the name under which he served.  The fact that he now desires a change to the name for personal reasons is not a sufficiently mitigating factor that warrants granting this requested relief.

3.  The Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. 

4.  The applicant is advised that a copy of the court document ordering his name change, as well as this decisional document and his application, will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference in his current name and the one recorded in his military record, and satisfy his desire to have his name documented in his record.  


5.  In view of the above, the applicant’s request should be denied.

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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080011676



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