IN THE CASE OF:	  

		BOARD DATE:	  1 March 2011

		DOCKET NUMBER:  AR20100018216 


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 correction of his DD Form 214 (Report of Separation from Active Duty) by:

* showing his middle name is "ELIOT" vice "ELLIOT"
* showing his Social Security Account Number (SSAN) is "XX9-XX-XXX8" vice "XX8-XX-XXX9"
* upgrading his character of service from general to honorable

2.  The applicant states his middle name and SSAN are incorrect.  He makes no specific statement pertaining to the upgrade.

3.  The applicant provides a copy of his DD Form 214 and a copy of his SSAN 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.  The applicant was advised by a letter, dated 21 December 2010, from the Chief, Case Management Division, Army Review Boards Agency, Arlington, VA, that he would have to obtain a letter from the Social Security Administration in order to process his request for an SSAN correction.  He responded by stating he would not pursue that portion of his request.

3.  The applicant served in the Regular Army from 29 June 1974 through his discharge on 6 July 1976.  His enlistment documents show his middle name as "ELIOT" and his SSAN as "XX8-XX-XXX9."  All of his service records that contain an SSAN show it as "XX8-XX-XXX9." 

4.  The applicant was separated with a general discharge (GD) under the provisions of paragraph 5-37, Army Regulation 635-200 (Enlisted Separations).  During the separation process, he acknowledged notification of the discharge action and his rights; he was provided the opportunity to consult with legal counsel; he declined to make a statement; and he voluntarily consented to discharge.

5.  Interim Change 03 June 1975 to Army Regulation 635-200 provides for the Expeditious Discharge Program (EDP).

   a.  This was a program which provided that individuals who demonstrated they could not or would not meet acceptable standards required of enlisted personnel in the Army, because of the existence of one or more of the following conditions may be discharged:

* poor attitude
* lack of motivation
* lack of self-discipline
* inability to adapt socially or emotionally
* failure to demonstrate promotion potential

   b.  Individuals discharged under the EDP were awarded an honorable or general discharge certificate, as appropriate; however, no member could be awarded a GD under this paragraph unless given the opportunity to consult with an appointed counsel for consultation.

   c.  The reason and authority for separation was entered on the DD Form 214 in accordance with Army Regulation 635-5-1 (Separation Program Designators).  The authority was cited as paragraph 5-37, Army Regulation 635-200, and the narrative reason for separation was listed as "failure to meet acceptable standards for continued military service."

6.  Army Regulation 635-200 provides guidance on characterization of service and states, in pertinent part:

	a.  Paragraph 3-7a states that an Honorable Discharge (HD) 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.

	b.  Paragraph 3-7b states that a GD 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 HD.  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 DD Form 214 shows his middle name is incorrectly spelled as "ELLIOT."  His enlistment documents show his middle name as "ELIOT."  This error requires correction.

2.  The applicant did not provide the necessary documentation from the SSA to support his SSAN correction.  However, all of the applicant's service records show he served under the SSAN of "XX8-XX-XXX9."  In similar cases, this Board has stated for historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should 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 those historical records be changed.

3.  The available records show the applicant was properly discharged under the EDP and that his GD was appropriate based on the quality of his service.  A discharge upgrade is not warranted.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X____  ___X____  ___X____  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 showing his middle name as "ELIOT."

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 his SSAN or an upgrade of his GD to an HD.




      _______ _  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)                                         AR20100018216



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ABCMR Record of Proceedings (cont)                                         AR20100018216



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