BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120003716 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to:

* change his social security number to "XXX-62-XXXX" instead of 
"XXX-02-XXXX" 
* change his separation code to a more favorable code

2.  The applicant states in effect, while he was in the service he did not know that his SSN was "XXX-62-XXXX."  Additionally, his separation code needs to be corrected.  This error happened over 30 years ago but it still upsets him today.  The separations section told him the code was incorrect and unjust.  

3.  The applicant provides his 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.  He enlisted in the Regular Army on 21 July 1980 and held the military occupational specialty 19D (Cavalry Scout).  The highest rank/grade he attained while serving on active duty was sergeant/E-5.

3.  Every document in his military record lists his SSN as "XXX-02-XXXX."  These documents include but are not limited to three enlistment contracts, four sets of orders, one certificate of clearance and/or security determination, two applications for identification cards, two service school academic evaluation reports (AER), and two servicemen's group life insurance elections.

4.  His record contains an AER for the Basic Noncommissioned Officers Course (BNCOC), dated 27 June 1988.  This AER shows he received an academic release from the course for failing mastery of military communications.  Additionally, he was rated as having unsatisfactory leadership skills.

5.  His record contains a Bar to Reenlistment Certificate, dated 21 October 1988. This form shows he was barred from reenlistment for writing six dishonored checks, a notification of unpaid bills, indebtedness, having a low GT score with no improvements, dishonored checks written by his spouse, academic failure at BNCOC, and being absent without proper authority.  

6.  He was given the opportunity to review the bar to reenlistment and indicated he desired to submit a statement in his own behalf.  He was given seven days to submit his statement but failed to do so.

7.  His commanding officer reviewed his bar to reenlistment on 1 May 1989 and elected to leave the bar in place.

8.  He was honorably discharged from active duty, on 1 May 1989, under the provisions of chapter 4, Army Regulation 635-200, by reason of expiration term of service (ETS).  The DD Form 214 shows that based on the authority and reason for his separation, he was assigned a Separation code of "JBK" and the reenlistment (RE) code "RE-3."

9.  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.  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.

10.  Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the authorities and reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  The SPD code of JBK is the appropriate code to assign Soldiers ineligible for, barred from, or otherwise denied reenlistment who are discharged on completion of their enlistment under the provisions of chapter 4, Army Regulation 635-200.  The SPD/RE Code Cross Reference Table of the governing regulation establishes RE-3 as the proper reentry code to assign Soldiers separated with a SPD code of JBK.  

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the U.S. Army Reserve.  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-3 applies to persons completing their terms of service who are not considered fully qualified for reentry or continuous service at the time of separation but the disqualification is waivable and RE-4 is assigned to members separated with a non-waivable disqualification.

DISCUSSION AND CONCLUSIONS:

1.  The applicant used SSN "XXX-02-XXX" upon his enlistment in the Regular Army.  He consistently used this SSN throughout his military service.  He authenticated documents, as needed, by placing his signature in the appropriate blocks, indicating the information contained therein was correct.  He did not use the SSN "XXX-62-XXXX" during the period he served on active duty.

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 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.  While it is understood that the applicant desires to now record his current SSN in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  He wrote dishonored checks, failed to pay bills on time, failed BNCOC, and was absent without authority and was, therefore, barred from reenlistment.  
JBK is the appropriate separation code for Soldiers who have been barred from reenlistment and are discharged upon their ETS under the provisions of chapter 4, Army Regulation 635-200.  

4.  Absent convincing, independent, and verifiable evidence to the contrary, it is presumed the applicant's military service records, including the DD Form 214, were correct at the time of his discharge and there is an insufficient basis to grant him relief in this 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)                                         AR20120003716





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ABCMR Record of Proceedings (cont)                                         AR20120003716



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