IN THE CASE OF:	  

		BOARD DATE:	       19 August 2008

		DOCKET NUMBER:  AR20080009349 


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 that his undesirable discharge be upgraded to an honorable discharge.  He also requests, in effect, that his social security number (SSN) be corrected on all of his records.  

2.  The applicant states, in effect, that his discharge should be upgraded and that his SSN should be corrected on all of his records.  

3.  The applicant provides no additional documents 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.  On 19 January 1973, the applicant underwent a medical examination for enlistment in the Regular Army.  His Standard Form 88 (Report of Medical Examination) shows the last four digits of his SSN as 9721.

3.  The applicant enlisted in the U.S Army Reserve on 24 January 1973 under the delayed entry program.  He enlisted in the Regular Army on 30 January 1973.  Both of his DD Forms 4 (Enlistment Contract) show the last four digits of his SSN as 9721.  

4.  He completed a DD Form 1584 (National Agency Check Request) on 5 February 1973 which shows the last four digits of his SSN as 9721.

5.  At the completion of basic combat training and advanced individual training, the applicant was awarded military occupational specialty 11C (infantry indirect fire crewman).  

6.  On 22 May 1973, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for stealing the property of the main Exchange in the amount of about .80 cents.  This Record of Proceedings under Article 15, UCMJ shows the last four digits of his SSN as 9721.

7.  On 24 July 1973, the applicant accepted NJP under Article 15, UCMJ for being absent without leave (AWOL) from 12 July 1973 to 21 July 1973.  This Record of Proceedings under Article 15, UCMJ shows the last four digits of his SSN as 9721.

8.  His DA Form 20 (Enlisted Qualification Record) shows the last four digits of his SSN as 9721.  

9.  On 25 October 1973, the applicant was counseled regarding his right to submit a request for discharge for dependency or hardship.  He indicated that he would submit a hardship or dependency discharge request; however, there is no record of his request.

10.  On 29 October 1973, charges were preferred against the applicant for being AWOL from 12 July 1973 to 21 July 1973 and from 11 August 1973 to 11 October 1973.  His Charge Sheet shows the last four digits of his SSN as 9721.

11.  On 29 October 1973, 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 offenses 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 Department of Veterans Affairs if an undesirable discharge was issued.  He submitted statements in his own behalf.  He stated, in effect, that he wanted to get out of the Army to help his mother because she was ill and was in debt.  

12.  On 5 November 1973, the separation authority approved the discharge under the provisions of Army Regulation 635-200, chapter 10 with issuance of an Undesirable Discharge Certificate.

13.  The applicant was placed on excess leave during the period 29 October 1973 to 11 November 1973 (15 days) pending his administrative discharge.

14.  Item 44 (Time Lost under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) on his DA Form 20 shows he was AWOL from 12 November 1973 to 15 November 1973.  There is no record of NJP for this period of lost time.  

15.  Headquarters, 1st Infantry Division (Mechanized) and Fort Riley Special Orders Number 241, dated 14 November 1973, show the applicant was discharged from active duty effective 15 November 1973.  These orders show the last four digits of his SSN as 5721.  All other documents in his personnel records show the last four digits of his SSN as 9721.

16.  On 15 November 1973, the applicant was discharged from active duty under the provisions of Army Regulation 635-200, chapter 10 for the good of the service with an undesirable discharge.  He had completed 7 months and 12 days of active military service with 74 days of lost time.

17.  Item 3 (SSN) on his DD Form 214 shows the last four digits of his SSN as 5721.

18.  In a 6 December 1973 letter from the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, the applicant was requested to provide his SSN based on the discontinuous of military service number as personal identification.  He indicated the last four digits of his SSN as 9721.

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

20.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  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.  

21.  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.

22.  Army Regulation 635-200, paragraph 3-7a, 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.  

23.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization.

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 record of service shows he received two Article 15s and was AWOL for 74 days.  As a result, his record of service was not satisfactory and did not meet the standards of acceptable conduct and performance of duty for Army personnel for an upgrade to an honorable discharge.

3.  There is no evidence of record which indicates the actions taken in his case were in error or unjust; therefore, there is no basis for granting the applicant's request for an upgrade of his discharge to honorable.

4.  The majority of the documents in the applicant's personnel records show the last four digits of his SSN as 9721.  However, his DD Form 214 reflects his last four digits as 5721 in item 3.  It appears that an administrative error has occurred in this case and it would be appropriate to amend item 3 on his DD Form 214 to reflect the last four digits of his SSN as 9721.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ____xx__  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 amending item 3 on his DD Form 214 to show the last four digits of his SSN as 9721.

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 upgrading his undesirable discharge.



      _________xxxx_________
               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)                                         AR20080009349



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ABCMR Record of Proceedings (cont)                                         AR20080009349



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