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Decision Text

ARMY | BCMR | CY1997 | 199709359
Original file (199709359.txt) Auto-classification: Approved
2.  The applicant requests correction of his social security number on his DD Form 214 (Report of Separation).

3.  The applicant’s military records show that the applicant enlisted into the Army on 
29 November 1968 for a term of 3 years and was awarded military occupational specialty 94B10 (Cook).  His social security number is annotated in his records as two different numbers.  One number is listed as xxx and the other is listed as 
xxx.  The applicant claims the second number is correct.  He was born and raised in Pennsylvania in which region social security numbers were assigned 173 series at that time.

4.  The applicant accepted three nonjudicial punishments (NJP’s) under Article 15, UCMJ, for short periods of AWOL.  The applicant was discharged under 
Army Regulation (AR) 635-212.  He had a total of 87 days lost time.  On 14 April 1971 the applicant was discharged under other than honorable conditions for unfitness, frequent incidents of a discreditable nature.  He had completed 2 years, 2 months and 6 days of active creditable service.

5.  On 28 June 1977, the applicant was granted a discharge under honorable conditions by the Army Discharge Review Board (ADRB) under the 19 January 1977 extension of Presidential Proclamation 4313, based on a satisfactory record of active military service of 24 months prior to his indiscipline.  He was issued a new DD Form 214 reflecting this change.

6.  Public Law (PL) 95-126, implemented on 8 October 1977, states that the Army Board for Correction of Military Records (ABCMR) may review discharge upgrades to confirm or upgrade discharges based on the established historically consistent, uniform standards so that such persons whose veterans benefits are otherwise denied might be found eligible for benefits under laws administered by the Veterans Administration.

CONCLUSIONS:

1.  The applicant currently holds a general discharge granted by the ADRB under the 19 January 1977 extension of the Presidential Proclamation 4313 based on a satisfactory record of active military service for 24 months prior to his indisciplines.

2.  Confirmation of his general discharge by the ABCMR under PL 95-126 will provide the applicant with a discharge that might entitle the applicant to benefits under laws administered by the Veteran’s Administration.

3.  The applicant’s correct social security is xxx and should be corrected throughout his military record.

4.  In view of the foregoing, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing:

      a.  that the individual concerned was issued a general discharge under honorable conditions by authority of the ABCMR under PL 95-126; and

      b.  that his social security number is xxx.

2.  That he be issued DD Form 215 reflecting his correct social security number and his confirmed discharge status.

BOARD VOTE:  

   x       x        x     GRANT AS STATED IN RECOMMENDATION

                        GRANT FORMAL HEARING

                       DENY APPLICATION




		                                   
		        CHAIRPERSON

ABCMR Proceedings (cont)                                                          AC97-09359


3


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