BOARD DATE:	  8 November 2011

		DOCKET NUMBER:  AR20110010362 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* his first name as "Paul" instead of "Boyd"
* he received a medical discharge

2.  The applicant states these changes would make it easier in his personal and business life.

3.  The applicant provides his DD Form 214, name change affidavit, and his 1969 U.S. Army Reserve (USAR) discharge orders.

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.  In connection with his induction into the Army of the United States (AUS), the applicant completed a DD Form 398 (Statement of Personal History).  His first name is shown as "Boyd."  The applicant authenticated this form by placing his signature in the appropriate place using the first name "Boyd."

3.  His pre-induction physical shows he had a history of injury to the left knee, dating back to November 1959, at which time he was diagnosed with chondromalacia, left patella.  He was treated with hydrocortisone injections in the joint of the left knee and had been referred to an orthopedic specialist.  He also had "unverified asthma."  The examining military doctor noted his pre-existing medical conditions and found him qualified for induction.

4.  He was inducted into the AUS on 14 December 1965.  Item 1 (Last Name – First Name – Middle Name) of his DD Form 47 (Record of Induction) shows his first name as "Boyd."

5.  His DA Form 20 (Enlisted Qualification Record) that was prepared upon his entrance into the Army shows the same first name as that shown on his induction document.  He reviewed this form at a later date and authenticated it by placing his signature in the appropriate block using the first name "Boyd."

6.  He served in Vietnam from on or about 9 November 1966 to on or about 28 October 1967.  He appears to have injured his wrist in October 1967 and was initially treated at the 142nd Medical Battalion and later at Camp Zama, Japan.  His treatment records for this injury are not available for review with this case.

7.  He underwent a separation physical examination at Fort Lewis, WA, on 7 November 1967.  The applicant indicated his medical history included an inability to perform certain motions because of a bad knee and he suffered from pneumonia in Vietnam and was treated at Camp Zama for 3 weeks.  The attending physician thoroughly examined him but did not note any disabling conditions.  He was qualified for separation.

8.  His records contain several official personnel documents that show his first name as "Boyd," including a Record of Emergency Data, Servicemen's Group Life Insurance, application for a military identification card, assignment and reassignment orders, and various medical records.  He authenticated several of these forms using this name.

9.  He was honorably released from active duty on 7 November 1967 and he was transferred to the USAR Control Group (Annual Training) for completion of his remaining service obligation.

10.  Item 1 (Last Name – First Name – Middle Name) of the DD Form 214 he was issued shows his first name as "Boyd."  He authenticated this form by placing his signature in item 34 (Signature of Person Being Transferred or Discharged) using this first name.

11.  The details of his USAR service and/or participation are not available for review with this case.  However, his service records contain a Standard Form 544 (Statement of Patient's Treatment) that shows he was receiving treatment in the Department of Veterans Affairs clinic for a right carpal navicular fracture 6 weeks earlier.  He claimed the fracture occurred while in the service.  There was some evidence of healing.

12.  On 6 May 1968, the U.S. Army Administration Center, St. Louis, MO, published Letter Orders USAR 04-85156 releasing him from the USAR Control Group (Annual Training) and reassigning him to the USAR Control Group (Standby Reserve) by reason of temporary medical disqualification effective 22 April 1968.

13.  His records contain another Standard Form 544 together with a 
VA Form 21-2545, dated 31 January 1969, which shows he injured his wrist in October 1967 while playing ball.  The medic told him he had a torn ligament and a right wrist sprain.  He was told the same thing by a VA clinic after his discharge.  His wrist was later x-rayed and determined to be broken.  It was placed in a cast and later in a leather brace for support.  His final diagnosis was that of a fractured carpal bone, probably navicular, by history.

14.  On 19 February 1969, the U.S. Army Administration Center, St. Louis, MO, published letter orders [unnumbered] honorably discharging him from the USAR by reason of medical unfitness for retention in accordance with paragraph 3-14 (Medically Unfit for Retention) of Army Regulation 135-178 (Separation of Enlisted Personnel).

15.  He provided a general affidavit, dated 25 March 1998, stating he changed his first name from "Boyd" to "Paul" approximately 25 years earlier.

16.  Army Regulation 135-178 prescribes policies and implementation procedures for the separation of Army National Guard and Army Reserve enlisted personnel.  Paragraph 3-14 of the regulation in effect at the time stated that discharge would be accomplished when it had been determined that an enlisted member was no longer qualified for retention by reason of medical unfitness in accordance with Army Regulation 40-501 (Standards of Medical Fitness) unless the member requested and was granted a waiver or was eligible for transfer to the Retired Reserve.
17.  Army Regulation 635-40 (Personnel Separations Physical Evaluation for Retention, Retirement, or Separation) sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of a physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  If a Soldier is found unfit because of a physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations.  The mere presence of an impairment does not, of itself, justify a finding of unfitness because of a 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, rank, or rating.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's name change:

	a.  The evidence of record shows the applicant listed his first name as "Boyd" upon induction into the AUS.  This first name is consistent with the first name that he used throughout his military service.  He authenticated the documents in his record indicating his name was correct.  He did not use the first name "Paul" during his military service.

	b.  For historical purposes, 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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to record his current first name in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

2.  With respect to the applicant's eligibility for a medical discharge from active duty:

	a.  The applicant served on active duty from 14 December 1965 to 7 November 1967.  Although no medical records are available to review his wrist injury, he appears to have injured his wrist while playing ball for which he was initially treated at the 142nd Medical Battalion and later at Camp Zama.

	b.  There is no evidence in his records and he did not provide any evidence to show this injury or any other medical condition rendered him unfit for military service.  On the contrary, he was found qualified for separation during his separation physical examination.  Accordingly, he was honorably released from active duty to the control of the USAR to complete his remaining service obligation.

	c.  Even if he had a medical condition during his active service, 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, rank, or rating.  The applicant's available records provide no indication he suffered from a physical or mental condition that rendered him unfit to perform his military duties at the time of his discharge.

3.  With respect to the applicant's eligibility for a medical discharge from the USAR:

	a.  Subsequent to his release from active duty, it appears he received treatment from the VA.  It also appears his wrist injury may have worsened at some stage and he was temporarily transferred from the USAR Control Group (Annual Training) to the USAR Control Group (Standby Reserve).

	b.  A follow-up examination confirmed that he was no longer fit for retention in the USAR.  Accordingly, and as required by the regulation in effect at the time, he was discharged from the USAR for being medically unfit for retention.  His discharge orders show he was medically discharged.

4.  In view of the foregoing, he is not entitled to the requested relief.

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 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)                                         AR20110010362



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ABCMR Record of Proceedings (cont)                                         AR20110010362



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