RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 November 2007
      DOCKET NUMBER:  AR20070008243


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, in effect, that the Social Security Account
Number (SSAN) listed in Item 3 (Social Security No.) of his 1 June 1990
separation document (DD Form 214) be corrected to reflect the number “1” in
the fifth digit as opposed to the number “5” as is currently listed; that
Item 26 (Separation Code), Item 27 (Reentry Code) and Item 28 (Narrative
Reason for Separation) be corrected.

2.  The applicant states, in effect, that his correct SSN contains the
number “1” in the fifth digit and that Item 26, Item 27 and Item 28 of his
DD Form 214 should be corrected to reflect his separation was for academic
failure only.

3.  The applicant provides a partially legible SSAN Card, a driver's
license, and birth certificate in support of his application.

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's record shows that he in the Regular Army and entered
active duty on 6 October 1989.  His Military Personnel Records Jacket
(MPRJ) contains an enlistment contract (DD Form 4) that lists his SSAN with
the number 5 in the fifth digit.  The applicant authenticated the DD Form 4
and associated enlistment documents with his signature on the date of his
enlistment in the Delayed Entry Program, which was 28 July 1989 and the
date he entered active duty, which was 6 October 1989.

3.  The applicant's Personnel Qualification Record (DA Form 2-1), which was
prepared upon his entry on 10 October 1989, upon his entry on active duty,
lists his SSAN using the number 5 in the fifth digit in Item 2 (SSN).  The
applicant authenticated this record with his signature on the date it was
prepared.

4.  On 17 May 1990, his unit commander notified the applicant that action
was being initiated to separate him under the provisions of Paragraph 13-
2a, Army Regulation 635-200, by reason of unsatisfactory performance based
on his academic failure.

5.  On 17 May 1990, the applicant completed an election of rights in which
acknowledged that he had been advised of the basis for the contemplated
separation action and its effects, of the rights available to him and of
the effect of a waiver of those rights.  He then waived his right to
consultation with counsel, and elected not to submit statements in his own
behalf.

6.  On 29 May 1990, the separation authority approved the applicant's
separation under the provisions of Paragraph 13-2a, Army Regulation 635-200
and that based on this authority and reason for separation, that he be
assigned a Separation Program Designator (SPD) code of LHJ.  The separation
authority also directed that the applicant's service be characterized as
"Honorable."

7.  The applicant's DD Form 214 shows that he was honorably released from
active duty on 1 June 1990, under the provisions of Chapter 13, Army
Regulation 635-200, after completing a total of 7 months and 26 days of
active military service.  The separation document also lists his SSAN with
the number 5 in the fifth digit in Item 3, and that based on the authority
and reason for his separation, he was assigned an SPD code of LHJ in Item
26 and a reentry (RE) code of 3 in Item 27.

8.  The applicant provides a SSAN card that is only partially legible;
however, it appears to have the number “1” in the fifth digit of his SSAN.
He provides no letter of explanation from the Social Security
Administration on the use of two different SSAN's.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 13 contains the policy and
outlines the procedures for separating individuals for unsatisfactory
performance, and provides, in pertinent part, that commanders will separate
a member under this chapter when, in the commander's judgment, the member
will not develop sufficiently to participate satisfactorily in further
training and/or become a satisfactory Soldier.

10.  Army Regulation 601-210 covers eligibility criteria, policies, and
procedures for enlistment and processing into the Regular Army (RA) and the
United States Army Reserve (USAR).  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.  RE-4 applies to persons who have a
nonwaivable disqualification.  RE-3 applies to persons who have a waivable
disqualification.

11.  Army Regulation 635-5-1 (SPD Codes) provides the specific authorities
(regulatory or directive), reasons for separating Soldiers from active
duty, and the SPD codes to be entered on the DD Form 214.  It states, in
pertinent part, that the SPD code LHJ is the appropriate code to assign to
Soldiers separated under the provisions of Chapter 13, Army Regulation 635-
200, by reason of unsatisfactory performance.  The SPD/RE Code Cross
Reference Table indicates that RE-3 is the proper code to assign members
separated with SPD LHJ.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that the SSAN listed in Item 3 of his DD
Form 214 is incorrect has been carefully considered.  However, the evidence
of record confirms the SSAN shown on the applicant's DD Forms 214 is
identical to the SSAN recorded on his DD Form 4 (enlistment contract), on
his DA Form 2-1, and on all available documents and orders on file in the
record.

2.  The Army has an interest in maintaining the accuracy of its records for
historical purposes, and normally would not change a SSAN under which a
member performed military service because the military records should
reflect the conditions and circumstances that existed at the time the
records were created and under which the military service was performed.

3.  Although the SSAN Card provided by the applicant appears to have the
number “1” listed in the fifth digit, this SSAN was never a part of any of
the applicant's military records.  As a result, absent any evidence that
the applicant attempted to resolve the SSAN issue while he was serving on
active duty, it would not be appropriate to change the SSAN listed in his
military records, which is the one under which he entered military service,
served and was discharge, at this late date.

4.  The applicant's request that Item Item 26 (Separation Code), Item 27
(Reentry Code) and Item 28 (Narrative Reason for Separation) of his
separation document be corrected was also carefully considered.  However,
the evidence of record confirms the applicant was properly released from
active duty under the provisions of Chapter 13, Army Regulation 635-200, by
reason of unsatisfactory performance, which was based on his academic
failure.  All requirements of law and regulation were met and the
applicant's rights were fully protected

throughout the separation process.  Based on the authority and reason for
his separation, he was properly assigned the SPD code of LHJ and the RE
code of RE-3.  Therefore, there is no evidence of an error or injustice
related to the entries in question.  They were valid at the time of his
separation and remain valid.

5.  The applicant is advised that RE-3 applies to persons who are not
considered fully qualified for reentry or continuous service; however, it
does allow for a waiver of the disqualification.  Therefore, if he desires
to reenlist, he should contact a local recruiter to determine his
eligibility.  Those individuals can best advise a former service member as
to the needs of the Army at the time, and are required to process waivers
of RE codes.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW _  __LMD__  __MJF __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




                                  _____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070008243                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1990/06/01                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |C13                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000                                |
|2.  189                 |110.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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