IN THE CASE OF:  	  

		BOARD DATE:  6 January 2015	  

		DOCKET NUMBER:  AR20140008781 


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 his DA Form 4707 (Entrance Physical Standards Board (EPSBD) Proceedings) to show his social security number (SSN) as "xxx-xx-9172" versus "xxx-xx-9197."  Additionally, he requests a copy of his medical records.

2.  The applicant states, in effect:

	a.  While he was home awaiting medical discharge for a bad knee, he was sent a DA Form 4707.  The form claimed he had injured his knee while playing professional baseball; he was never a professional baseball player, rather he was a parts manager prior to entering the Army.  His knee was actually hurt while rappelling during advanced individual training.

	b.  The DA Form 4707 also showed his last name and social security number (SSN) incorrectly:

* the form showed "PxxxTxx" and the spelling should be "PxxxLxx"
* the form showed his SSN as "xxx-xx-9197" and the correct SSN is "xxx-xx-9172"

	c.  He received a letter from the Army, dated 25 March 1986, wherein he was asked to sign and return the previously sent DA Form 4707.  Later he received a final version of this form.  He contends the signature, purportedly his, was forged and the date of the signature, 14 March 1986, is 11 days prior to the aforementioned letter, the implication being this fact further supports the form should be considered invalid.  

	d.  He is currently experiencing extreme pain, is unable to bend his knee, and has had moments of immobility.  The aggravated knee is causing pain in other parts of his body.

3.  The applicant provides:

* 2 letters
* DA Form 4707 with notes highlighting errors
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

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 enlisted in the Regular Army on 30 October 1985 at the age of 26.  He began one station unit training (OSUT) for military occupational specialty 11B (Infantryman) on 5 November 1985.  

3.  On 30 January 1986, during his 10th week of OSUT, he received medical treatment for left knee pain.  On the DA Form 5181-R (Screening Note of Acute Medical Care) the physician notes made no mention to the applicant having been a professional baseball player prior to entering the Army but included the following:

* 26 year old male presenting with left knee discomfort
* has a 9-year history of varus (outward push to the inside of the knee) stress injury to left knee occurring while playing baseball [applicant would have been 17 at the time of the injury]
* was evaluated by a specialist who gave a diagnosis of torn ligaments and nerve endings
* recovery took 6 months to 1 year with persistent sequelae of aching in cold and wet weather
* no history of recent trauma

4.  On 12 February 1986, a military doctor noted on a Standard Form 600 (Chronological Record of Medical Care) the applicant's left knee injury had a 9-year history.  He also states the applicant was a professional baseball player prior to entering the Army.  Other than this note, later being transcribed on to the DA Form 4707, there is no other reference to the applicant having been a professional baseball player.

5.  The applicant was placed on excess leave, on 14 February 1986.  The DA Form 4707 shows the following:

	a.  In block 1 (Name of Service Member) the last name of the applicant is shown as "PxxxTxx" and in block 2 (SSN) the SSN of the applicant is shown as "xxx-xx-9197."

	b.  An Entrance Physical Standards Board (EPSB) found:

* the applicant did not meet medical fitness standards
* his medical condition existed prior to entering the service; not service aggravated

	c.  On 21 February 1986, the medical approving authority approved the board's findings.  On 14 March 1986, the applicant concurred with the board's findings, with his purported signature shown in item 24 (Typed Name and Grade of Service Member).  On 31 March 1986, the discharge authority approved separation; and on 4 April 1986 the applicant was discharged accordingly.

6.  His DD Form 214 shows:

* 5 months and 5 days of net active service
* item 24 (Character of Service) is honorable
* item 25 (Separation Authority) shows “para 5-11, AR 635-200”
* item 28 (Narrative Reason for Separation) shows "did not meet procurement medical fitness standards - no disability"

7.  Available records all show his last name as "PxxxLxx" and his SSN as "xxx-xx-9172."  Additionally, both his DD Form 1584 (National Agency Check Request) and his DD Form 1966/2 (Record of Military Processing) show his employment prior to entry on active duty was as a parts manager.  There is no mention of employment as a professional baseball player.
DISCUSSION AND CONCLUSIONS:

1.  The ABCMR was created to correct Army records, but is not the custodian of those records.  Requests for medical records should be forwarded to the National Personnel Records Center.  

2.  An apparent clerical error was made when the applicant's DA Form 4707 was prepared.  It would therefore be appropriate to grant relief by correcting his name and SSN on this form.

3.  As to the applicant's contentions the DA Form 4707 was improperly completed:

	a.  He maintains he hurt his knee during advanced individual training; however, his record does not support this.  Rather, his DA Form 5181-R states no history of recent trauma, but a 9-year history of a varus stress injury to his left knee.  

	b.  He asserts his signature was forged, and, as proof, points out the signature date of a letter received requesting he sign the DA Form 4707 is dated after his purported signature date.  This proof is insufficient, however, as the two documents could have been signed on the dates shown, but crossed each other in the mail.  As to whether his signature was forged, the ABCMR does not investigate cases, but relies on the evidence in the applicant's record.  In this respect, the ABCMR is not equipped to analyze the authenticity of the signatures on documents of record.

	c.  As to the entry on the DA Form 4707 regarding his alleged prior employment as a professional baseball player, the available records do not support this.  Rather, it appears this resulted from an error made by the physician conducting the evaluation for the EPSB.  This error does not change the fact, however, that the applicant had a 9-year history of stress injuries to his left knee.  This would mean the injury did, in fact, occur prior to entry on active duty and, as such, would not qualify the applicant for disability compensation from the Army.  Additionally, the EPSB did not find any evidence showing the applicant's injury was aggravated while on active duty.  As such, the findings of the EPSB appear appropriate and there is no evidence of error or injustice.  

4.  Based upon the foregoing, his DA Form 4707 should be administratively amended to show his correct last name and SSN.  No other change, however, would be appropriate.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by the issuance of a document which corrects his DA Form 4707 to show his last name as "PxxxLxx" and block 2 to show his SSN as "xxx-xx-9172."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the EPSB findings and the result reflected on the DA Form 4707.




      ____________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)                                         AR20140008781





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008781



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1