RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050003011


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 undesirable discharge be upgraded to an
honorable discharge.  He also requests that the two middle digits of his
social security number (SSN) be changed to "52" and that his date of birth
(DOB) be corrected to show May 6, 1948.

2.  The applicant states that he always had the same birth date and SSN,
but somehow they have been changed around.

3.  The applicant provides a supplemental letter; his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge; his Social
Security Administration (SSA), Supplemental Security Income Notice of
Change in Payment; a Case Summary Query; and a letter from the Army Review
Boards Agency in Arlington, Virginia.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 22 February 1971.  The application submitted in this case is dated 13
January 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant underwent pre-induction physical examination on 27 May
1969. His Report of Medical Examination (Standard Form 88) shows his DOB as
6 May 1948.

4.  He was inducted into the Army on 17 May 1969.  His Record of Induction
(DD Form 47) shows his DOB as 6 May 1948 and the two middle digits of his
SSN as "63."

5.  The applicant completed a Statement of Personal History (DD Form 398)
on 27 May 1969 and indicated his DOB as "May 6 1948."


6.  The applicant completed a National Agency Check Request (DD Form 1584)
on 3 June 1969.  He indicated that his DOB was 6 May 1948 and the two
middle digits of his SSN as "63."

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows the
two middle digits of his SSN as "63" and his DOB as 6 May 1948.

8.  On 25 July 1969, the applicant was convicted by a summary court-martial
of disobeying a lawful order his superior commissioned officer.  He was
sentenced to a forfeiture of $76.00 pay per month for one month and
confinement at hard labor for 30 days.  The portion of the sentence
pertaining to the confinement at hard labor was suspended for 30 days
unless the suspension was sooner vacated.

9.  The applicant's personnel records contain a Federal Bureau of
Investigation (FBI) report which indicates he had been arrested by civil
authorities on 5 September 1969 for possession of marijuana.  He was
convicted on 18 September 1969 in the Monterey Municipal Court of being in
a place where narcotics were used.

10.  He was advanced to private E-2 on 27 September 1969.

11.  On 8 November 1969, the applicant accepted nonjudicial punishment
under Article 15, Uniform Code of Military Justice (UCMJ) for being absent
without leave (AWOL) from 16 October 1969 to 22 October 1969.  His
punishment consisted of a forfeiture of $30.00 for one month.

12.  On 15 June 1970, the applicant was convicted by a special court
martial of being AWOL from 2 May 1970 to 19 May 1970.  He was sentenced to
restriction for 7 days and extra duty for 14 days.

13.  A Record of Appellate or Other Supplemental Actions under Article 15,
UCMJ indicates that nonjudicial punishment under Article 15, UCMJ was
imposed against the applicant on 9 July 1970.  The offense is not
indicated.  His punishment of forfeiture in excess of $19.00 was set aside.


14.  On 7 January 1971, charges were preferred against the applicant for
being AWOL from 2 August 1970 to 24 December 1970.  His Charge Sheet shows
the two middle digits of his SSN as "63" and his DOB as 6 May 1948.



15.  On 18 January 1971, the applicant consulted with legal counsel and
voluntarily requested discharge for the good of the service under the
provisions of Army Regulation 635-200, chapter 10.  In doing so, he
admitted guilt to the offense charged and acknowledged that he might
encounter substantial prejudice in civilian life and that he might be
ineligible for many or all Army benefits administered by the Veterans
Affairs (VA) if an undesirable discharge was issued.  The applicant
submitted statements in his own behalf.  He gave a brief summary of his
military service.  He indicated that he had another summary court-martial
and two more Article 15s; however, his personnel record does not contain
these punishments.  He stated that he would like to have a general
discharge under chapter 10.  He had been in the Army for 13 good months.
He had never been above private E-2, had a wife and a 5-month old child
that he could not support.  He stated that he had ceased to function for
the Army or any other organization.

16.  On an unknown date, the applicant's unit commander recommended
approval of his request for discharge with issuance of an Undesirable
Discharge Certificate. The unit commander indicated the applicant had a
record of one special court-martial for AWOL, two Article 15s, one for AWOL
and one for misconduct.

17.  On 11 February 1971, the separation authority approved the discharge
under the provisions of Army Regulation 635-200, chapter 10 for the good of
the Service with issuance of an Undesirable Discharge Certificate.

18.  Headquarters, U.S. Army Training Center, Infantry Special Orders
Number 49 dated 18 February 1971 discharged the applicant from active duty
on 22 February 1971 under the provisions of Army Regulation 635-200,
chapter 10 for the good of the service with an undesirable discharge.
These orders show the two middle digits of his SSN as "63."

19.  At the time of his discharge, the applicant had completed 1 year, 3
months and 10 days of active military service with 166 days of lost time
due to AWOL.

20.  The applicant's DD Form 214 shows the two middle digits of his SSN as
"63" in item 3.

21.  The applicant's DD Form 214 shows his DOB was entered as "6 May 1948"
in item 9.

22.  The applicant provided a SSA Supplemental Security Income Notice of
Change in Payment which shows the two middle digits of his SSN as "52."

23.  There is no indication that the applicant applied to the Army
Discharge Review Board within its 15-year statute of limitations.

24.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.  However, at the time of the applicant's separation the
regulation provided for the issuance of an undesirable discharge.

25.  Army Regulation 635-200, paragraph 3-7, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’s service generally has met the standards of
acceptable conduct and performance of duty for Army personnel, or is
otherwise so meritorious that any other characterization would be clearly
inappropriate.

26.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, for the good of the service, to
avoid trial by court-martial, was administratively correct and in
conformance with applicable regulations.  There is no indication that the
request was made under coercion or duress.

2.  The applicant's service record shows he received two Article 15s, one
summary court-martial, one special court-martial and a record of AWOL for
166 days.  In addition, a FBI report shows he was arrested for possession
of marijuana.  Therefore, the applicant's record of service is
insufficiently meritorious to warrant an honorable discharge.

3.  The applicant has not presented any evidence to show that the discharge
process was flawed, in error or unjust.  Therefore, there is no basis for
granting his request for an upgrade of his discharge to honorable.

4.  Although the applicant's SSA Supplemental Security Income Notice of
Change in Payment shows the two middle digits of his SSN as "52," he
appropriately served on and was discharged from active duty with the two
middle digits of his SSN as "63."  While the Board understands the
applicant's desire to have the records changed, it finds no basis for
compromising the integrity of the Army's records.  This Board action will
be filed in his military records so an additional record of his SSN, he is
currently using, will be on hand.

5.  The applicant's DD Form 214 was properly prepared to reflect his
correct DOB as May 6, 1948; therefore, there is no basis for correcting his
DOB.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 February 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 21 February 1974.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MM______  LB______  CD______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.
2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  Mark Manning__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003011                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0000                                |
|2.                      |100.0900                                |
|3.                      |100.0200                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]