IN THE CASE OF:	  

		BOARD DATE:	  9 December 2010

		DOCKET NUMBER:  AR20100015324 


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 the fourth, fifth, seventh, and ninth digits of his social security number (SSN) in item 3 (SSN) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 8 October 1980 be corrected.  He also requests his discharge under other than honorable conditions be upgraded to honorable.

2.  The applicant states:

* the wrong SSN is shown on his DD Form 214
* he would like his discharge upgraded because he was young, dumb, and using drugs
* he does not drink or use any drugs now
* he tries hard to do right in life
* he has four grown children and 10 grandchildren

3.  The applicant provides:

* letter from the Social Security Administration, dated 31 March 2010
* DD Form 214

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 was born on 9 August 1959.  His enlistment contracts, dated 19 October 1978 and 27 March 1979, show his SSN as XXX-25-X0X0.  Having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 27 March 1979 for a period of 3 years.  He completed his training and was awarded military occupational specialty 13B (cannon crewman).

3.  On 8 May 1980, nonjudicial punishment was imposed against the applicant for being absent without leave (AWOL) for 1 day.

4.  The applicant again went AWOL on 2 June 1980.

5.  On 26 June 1980, the applicant was convicted of misdemeanor breaking and entering and misdemeanor larceny in Bladen County, North Carolina.  He was sentenced to a 4-month term in the county jail and 2 years of probation.

6.  On 19 July 1980, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 14, for civil conviction.

7.  The applicant returned to military control on 11 September 1980.

8.  On 23 September 1980, the separation authority approved the recommendation for discharge and directed the issuance of a discharge under other than honorable conditions.  The applicant was discharged under other than honorable conditions on 8 October 1980 under the provisions of Army Regulation 635-200, chapter 14, for misconduct due to civil conviction.  He had served 1 year, 6 months, and 2 days of total active service with 112 days of lost time.

9.  Item 3 of the applicant's DD Form 214 shows:

* fourth digit as "2"
* fifth digit as "5"
* seventh digit as "0"
* ninth digit as "0"

10.  All of the applicant's service personnel records contain the 
SSN XXX-25-X0X0.

11.  There is no evidence of record which shows the applicant was diagnosed with drug abuse or dependency prior to his discharge.

12.  The applicant provided a letter from the Social Security Administration, dated 31 March 2010, which shows his SSN is XXX-08-X1X1.

13.  There is no indication in the available record which shows the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

14.  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.  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.

15.  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 (military or civilian offense), and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.

16.  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.

17.  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 contention his SSN is XXX-08-X1X1 was noted.  However, the evidence of record shows SSN XXX-25-X0X0 was used when he enlisted in the U.S. Army Reserve in 1978, when he enlisted in the Regular Army in 1979, and when he was discharged in 1980.

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  Therefore, there is an insufficient basis for amending his SSN shown on his DD Form 214.

3.  This Board action will be filed in the applicant's official military records so that a record of his currently-used SSN will be on hand.

4.  The applicant contends his discharge should be upgraded because he was young and dumb.  However, age is not a sufficiently mitigating factor.  He was 19 years old when he enlisted and he completed his training.

5.  Although the applicant contends he was using drugs while in the Army, there is no evidence of record which shows he was diagnosed with drug abuse or dependency.

6.  Good post-service conduct alone is normally not a basis for upgrading a discharge.

7.  The applicant's record of service included one nonjudicial punishment and 112 days of lost time.  He also committed serious civil offenses while in the Army.  As a result, his record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable or a general discharge.

8.  The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  ___X____  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.



      ____________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)                                         AR20100015324



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ABCMR Record of Proceedings (cont)                                         AR20100015324



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