RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 OCTOBER 2004
      DOCKET NUMBER:  AR2004102614


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Ms. Eloise Prendergast            |     |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 social security number (SSN) as shown
on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
be corrected, and that his reentry code on his DD Form 214 be changed so
that he can reenter the military.

2.  The applicant states that prior to enlisting in the Army in 2000, he
attempted to obtain a social security card.  He was informed by the Social
Security Administration that the number he was using was incorrect, and he
was issued a social security card with the correct number.  He told his
recruiter, who informed him to enlist with the wrong number and change his
SSN after he enlisted, so he [the recruiter] would not have to change all
the paperwork.  He tried to change his number, but only succeeded in doing
so with his military identification card and with his leave and earning
statements.  His DD Form 214 shows the wrong social security number.  He is
trying to reenter the military when he ran into this problem.  He does not
want to be charged with a fraudulent enlistment.  Regarding his reentry
code, the applicant states that [he was discharged for misconduct] because
he was immature and ignorant.  He has matured and realizes what he has
lost.  His goal is to join the Air Force and continue his education in
computer graphics.  He wants to be able to support his soon-to-be wife and
his one-year-old son.

3.  The applicant provides a copy of a social security card with his name
and the social security number XXX-XX-XXXX, the number which he states is
correct.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
for 8 years on 20 November 1999.  His DD Form 4/1 (Enlistment/Reenlistment
Document) shows his SSN as XXX-XX-XXXX.  He was discharged from the DEP
upon his enlistment in the Regular Army for 6 years on 22 August 2000.
This enlistment document (DD Form 4/3) shows the same above-mentioned SSN,
e.g., XXX….  His Record of Military Processing (DD Form 1966 series) also
shows this SSN; however, with a remark made in Item 34, "Recertification by
Applicant and Correction of Data at the Time of Active Duty," indicating
that the SSN should be XXX-XX-XXXX.

2.  All the documents completed (Montgomery GI Bill form, Report of Medical
Examination, Security Clearance Application, etc.) in 1999 while the
applicant was in the DEP show his SSN as XXX-XX-XXXX.

3.  Subsequent to his enlistment in the Regular Army, the applicant trained
at Fort Meade, Maryland, completed training, and in March 2001 was assigned
to Fort Bragg, North Carolina.  His personnel qualification record and
enlisted record brief show what he states is his incorrect SSN.

4.  A military police report, dated in June 2001 shows that the applicant
was involved in a traffic accident, was driving without a license, and that
he failed to report damage to an unattended vehicle.  That report and
related documents show what he states is his correct SSN.  Two United
States District Court Violation Notices also show that SSN.

5.  The applicant was counseled on 10 July 2001.  The counseling form shows
what he states is his correct SSN.

6.  On 9 August 2001 the applicant received nonjudicial punishment under
Article 15, UCMJ (Uniform Code of Military Justice) for willfully
disobeying a lawful order; wrongfully appropriating a truck; feigning
illness and physical disablement to avoid work; and with intent to defraud,
falsely altering a document.  The record of proceedings show what he states
is his correct SSN.  On 18 October 2001 the applicant was counseled by his
squad leader.  The counseling form shows what he states is his correct SSN.


7.  On 1 November 2001 the applicant's commanding officer informed the
applicant that he was initiating action to separate him for patterns of
misconduct under the provisions of Army Regulation 635-200, paragraph 14-
12b, and recommending that he receive a general, under honorable conditions
discharge. The commander's notification to the applicant indicates what he
states is his incorrect SSN.

8.  The applicant consulted with counsel, and stated that he had been
advised of the basis for the contemplated action to separate him for
patterns of misconduct, the rights available to him, and the effect of any
action taken by him in waiving his rights.  He declined to submit
statements in his own behalf, and stated that he understood the nature and
consequences of the general discharge that he might receive.

9.  The applicant's commanding officer recommended to the separation
authority that the applicant be discharged for misconduct, stating that the
applicant had displayed continuous patterns of misconduct, poor judgment,
and substandard performance.  In addition to the information cited in the 9
August 2001 record of nonjudicial proceedings, the applicant's commanding
officer stated that the applicant had received nonjudicial punishment on 16
October 2001 for AWOL from 30 August 2001 to 10 September 2001.

10.  On 21 November 2001 the separation authority approved the
recommendation and directed that the applicant receive a general discharge.
The applicant was discharged on 21 December 2001.  He had 1 year, 3 months,
and 18 days of service and 12 days of lost time.  His separation orders and
his DD Form 214 shows his SSN as XXX-XX-XXXX, what he states is his
incorrect SSN.  His reentry code on that form is "3."

11.  On 8 January 2002 the Army Reserve Personnel Command at St. Louis
published an order discharging the applicant from the Army Reserve.  That
order shows what he states is his incorrect SSN.

12.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 14 establishes policy and
prescribes procedures for separating members for misconduct.  Specific
categories include minor disciplinary infractions, a pattern of misconduct,
commission of a serious offense, convictions by civil authorities,
desertion or absence without leave.  Action will be taken to separate a
member for misconduct when it is clearly established that rehabilitation is
impracticable or is unlikely to succeed.  Paragraph 14-12b states that a
Soldier is subject to separation for a pattern of misconduct, consisting of
discreditable involvement with civil or military authorities and conduct
prejudicial to good order and discipline.  A discharge under other than
honorable conditions is normally appropriate for a Soldier discharged for
misconduct; however, the separation authority may direct a general
discharge if such is merited by the Soldier's overall record.

13.  Pertinent Army regulations provide that prior to discharge or release
from active duty, individuals will be assigned reentry (RE) codes, based on
their service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the Army Reserve.  Chapter 3 of
that regulation prescribes basic eligibility for prior service applicants
for enlistment.  That chapter includes a list of armed forces RE codes,
including RA RE codes.  A reentry code of “3” indicates that a person is
ineligible for reenlistment unless a waiver is granted.  Any applicant who
was discharged for misconduct will require a waiver in order to reenlist.
Prior service personnel will be advised that RE codes may be changed only
if they are determined to be administratively incorrect.  Applicant's who
have correct RE codes will be processed for a waiver at their request if
otherwise qualified.  Only when there is evidence to support an incorrect
RE code or when there is an administrative error will an applicant be
advised to request a correction.  Army recruiters have the authority to
process a request for waiver.  The Commander, Human Resources Command is
the approval authority for waivers for any applicant who had AWOL or lost
time of 6 or more days, regardless of type of separation or RE code.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his SSN XXX-XX-XXXX, on his DD Form 214
is incorrect is accepted.  The incorrect SSN was entered on his enlistment
documents in 1999 when he enlisted in the Army Reserve DEP, and despite the
entry on his DD Form 1966 indicating that his SSN was incorrect, and
showing his correct SSN, the incorrect number followed him, for the most
part, throughout his brief military period of service.  The entry on this
DD Form 1966, documents completed prior to his discharge, e.g., military
police report, etc., and the copy of the social security card that he
submits, are evidence that his social security number is XXX-XX-XXXX.
Consequently, his DD Form 214 should be changed accordingly.

2.  The applicant was advised of the effects of a discharge under other
than honorable conditions.  He was afforded the opportunity to submit
statements in his own behalf, but he declined to do so.  The discharge
proceedings were conducted in accordance with law and applicable
regulations.  The character of the discharge is commensurate with the
applicant's overall record of military service.

3.  The applicant himself does not dispute the circumstances concerning his
discharge or the character of his discharge.  The reentry code assigned on
his DD Form 214 is in accordance with the provisions of the pertinent Army
regulation.  This, the applicant also does not dispute.

4.  The applicant's profession of contrition and remorse is noted, as are
his intentions to join the military and to continue his education.  His
contention that he was young and immature at the time is also noted.  None
of these factors, either individually or in sum, warrant the relief
requested.  The applicant has submitted neither probative evidence nor a
convincing argument in support of his request to change his reentry code.
Thus, his request to correct his reentry code on his DD Form 214 is not
granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS___  ___CG __  ___EP __  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 showing that his social security number is XXX-XX-
XXXX.

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 his reentry code on his 21 December 2001 DD Form 214.







                                  ______John Slone_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004102614                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041026                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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