IN THE CASE OF:	  

	BOARD DATE:	  25 September 2008

	DOCKET NUMBER:  AR20080009003 


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, in effect, that he be issued a corrected copy of his Certificate of Honorable Discharge.         

2.  The applicant states, in effect, that he has twice received corrected copies of his discharge certificate, but it is still incorrect.  He wants a discharge certificate that shows his correct name, rank, and date of discharge. 

3.  The applicant provides copies of his enlistment contract, Certificate of Release or Discharge from Active Duty, assignment orders, Personnel Action (DA Form 4187), discharge orders, Honorable Discharge Certificates, birth certificate, and social security card.  

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.  On 17 June 1993, the applicant enlisted in the United States Army Reserve (USAR) under the name of J____ J____ H____.  The social security number he used was 450- ## -####.  He enlisted for a period of 8 years, establishing his expiration term of service (ETS) as 16 June 2001.

3.  On 21 July 1993, the applicant was ordered to active duty for training (ADT).  He completed his initial training and was awarded military occupational specialty 88M (Motor Transport Operator).  He was released from ADT on 18 November 1993.

4. On 29 September 1998, the applicant, a private first class, pay grade E-3 at the time, submitted a Personnel Action (DA Form 4187) requesting assignment to the 217th Transportation Company, San Antonio, Texas, for duty as a motor transport operator in the rank of specialist, pay grade E-4.  The applicant used his social security number of 450 -## - ####.

5.  Orders D-06-129277, USAR Personnel Command, St. Louis, Missouri, dated 19 June 2001, discharged the applicant from the USAR effective 19 June 2001.  This order shows his rank as PV1 [private, pay grade E-1] and his social security number as 250- ## - ####.  An Honorable Discharge Certificate was published using this same personal data.

6.  Orders 02-115-00050, Headquarters, 90th Regional Support Command, North Little Rock, Arkansas, dated 25 April 2002, discharged the applicant [middle name misspelled] from the USAR effective 25 April 2002.  This order shows the applicant’s rank as SPC [specialist, pay grade E-4] and his social security number as 450- ## - ####.  The additional instructions state “Soldier was held beyond normal discharge date through no fault of Soldier.”

7.  Orders D-09-436247, United States Army Human Resources Command, St. Louis, Missouri, dated 21 September 2004, discharged the applicant from the USAR effective 21 September 2004.  This order shows his rank as SPC [specialist, pay grade E-4] and his social security number as 450 - ## - ####.  An Honorable Discharge Certificate was published using the same data.

8.  The applicant has provided a copy of his birth certificate showing that he was born on 31 August 1972 and that his name is J____ J____ H____.

9.  The applicant has provided a copy of his social security card showing his social security number as 450 - ## - ####.


DISCUSSION AND CONCLUSIONS:

1.  The available evidence shows that the applicant was provided discharge orders from the USAR on three different dates and an Honorable Discharge Certificate from the USAR on two different dates.  Furthermore, these documents show differences in the applicant’s rank, social security numbers, and effective date for discharge.

2.  In view of the above, the applicant’s records should be corrected by issuing him discharge orders and an Honorable Discharge Certificate showing that he was discharged on 25 April 2002, under the name shown on his DD Form 214 and birth certificate, in the rank of specialist, pay grade E-4, and using his social security number of 450- ## - ####.  

BOARD VOTE:

___X____  ___X____  ___X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



















BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing him discharge orders and an Honorable Discharge Certificate showing that he was discharged on 25 April 2002, under the name shown on his DD Form 214 and birth certificate, in the rank of specialist, pay grade E-4, and using his social security number of 450- ## - ####.  





__________ _  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)                                         AR20070016793



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ABCMR Record of Proceedings (cont)                                         AR20080009003



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