IN THE CASE OF:	  

		BOARD DATE:	    29 January 2013

		DOCKET NUMBER:  AR20120012163 


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:

* an upgrade of his under other than honorable conditions discharge
* correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 4 May 1967 to show his social security number (SSN) as "2XX-XX-XXXX" vice "3XX-XX-XXXX"

2.  The applicant states he has been an outstanding citizen and has not been in any trouble since he was discharged.  He would like his characterization of service to be upgraded before he passes away due to his medical condition.  In addition, the SSN listed on his DD Form 214 is incorrect.

3.  The applicant provides:

* social security card
* DD Form 214 for the period ending on 10 April 1964
* DD Form 214 for the period ending on 4 May 1967

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 enlisted in the Regular Army on 12 December 1962.  His 
DD Form 4 (Enlistment Record Armed Forces of the United States) did not contain his SSN.  During this enlistment he held military occupational specialty 631.10 (Wheeled Vehicle Mechanic).

3.  On 21 March 1964, he accepted non-judicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to sign in from a pass on 14 February 1964 and being absent from bed check.

4.  His DA Form 20 (Enlisted Qualification Record) shows he was assigned to Korea from 31 May 1963 to 3 June 1964.

5.  On 10 April 1964, he was honorably discharged for the purpose of immediate reenlistment.

6.  He reenlisted on 11 April 1964.  His DD Form 4 did not contain his SSN.

7.  On 23 May 1964, he accepted NJP under the provisions of Article 15 of the UCMJ for being drunk and disorderly.

8.  On 13 October 1964, he was convicted by a special court-martial of being absent without leave (AWOL) from on or about 8 September 1964 to on or about 22 September 1964.

9.  His DA Form 20 shows he was assigned in Vietnam from 15 October 1965 to 14 October 1966.

10.  He accepted NJP under the provisions of Article 15 of the UCMJ on six occasions between 16 December 1965 and 26 April 1966.  He accepted NJP on:

* 16 December 1965 for wrongfully appropriating military property valued at $3,500.00, to wit, an 0.25 ton M-151 truck


* 1 February 1965 for being AWOL from 30 January 1965 to 1 February 1965
* 10 February 1965 for being absent from bed check
* 27 February 1965 for being absent from bed check and reveille formation
* 25 March 1965 for being absent from reveille formation, work call formation, and failure to report to his appointed place of duty
* 26 April 1966 for being absent from bed check

11.  On 12 May 1966, he was convicted by a summary court-martial of breaking his restriction to the company area and being AWOL from 3 May 1966 to 4 May 1966.

12.  He accepted NJP under the provisions of Article 15 of the UCMJ on three occasions between 29 June 1966 and 28 July 1966.  He accepted NJP on:

* 29 June 1966 for being absent from bed check
* 13 July 1966 for failing to obey the orders of his commanding officer, to wit, violating his 14-day restriction
* 28 July 1966 for being absent from bed check

13.  On 28 August 1966, he was convicted by a special court-martial of being absent from bed check and breaking an imposed restriction.

14.  His record contains a report of psychiatric evaluation, dated 28 February 1967.  This form shows he was examined by a psychiatrist/medical officer on 
27 February 1967 and diagnosed as having an immature personality; moderate, chronic.  The medical officer stated the applicant was a 19-year old enlisted member who had been referred for psychiatric evaluation.  His military records indicated numerous AWOLs, Article 15s, and courts-martial.  The medical officer asserted he found no evidence of a previously-unrecognized emotional illness to extenuate the applicant’s behavior and there was no evidence of a mental or emotional disorder.  Additionally, the medical officer cleared the applicant for any administrative and/or disciplinary action deemed appropriate by his chain of command.

15.  He received a medical examination on 5 April 1967 which shows he was found medically fit for military duty.

16.  On 5 April 1967, the applicant's immediate commander notified him of his intent to initiate separation action against him in accordance with Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) for unfitness.  This notification also advised him of his rights.

17.  On 5 April 1967, the applicant acknowledged receipt of the separation memorandum and subsequently consulted with legal counsel.  He was advised of the basis for the contemplated separation action for unfitness, the type of discharge and its effect on further enlistment or reenlistment, the possible effects of an undesirable discharge, and of the procedures/rights available to him.  He acknowledged he understood he could expect to encounter substantial prejudice in civilian life in the event a general discharge was issued to him.  He further acknowledged he could be ineligible for many or all benefits as a veteran under both Federal and State laws in the event an undesirable discharge was issued to him.  He waived consideration of his case by a board of officers, he waived a personal appearance before a board of officers, and he declined to make a statement in his own behalf.

18.  On 27 April 1967, the separation authority approved his discharge for unfitness under the provisions of Army Regulation 635-212 and directed that he be issued an Undesirable Discharge Certificate.  Accordingly, the applicant was discharged on 4 May 1967.

19.  His DD Form 214 shows he was discharged under other than honorable conditions under the provisions of Army Regulation 635-212 by reason of unfitness.  He completed 2 years, 10 months, and 14 days of creditable active service and accrued 28 days of lost time.  Additionally, this form shows his SSN as "3XX-XX-XXXX."

20.  His DD Form 214 for the period ending on 4 May 1967 is the only document in his military record containing his SSN.

21.  He provided his social security card which contains a name similar to his and the SSN "2XX-XX-XXXX."

23.  There is no evidence he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

24.  Army Regulation 635-212, then in effect, set forth the policy for administrative separation for unfitness.  It provided that individuals would be discharged by reason of unfitness when their records were characterized by one or more of the following:  frequent incidents of a discreditable nature with civil or military authorities, sexual perversion, drug addiction, an established pattern of 
shirking, and/or an established pattern showing dishonorable failure to pay just 


debts.  This regulation also prescribed that an undesirable discharge was normally issued unless the particular circumstances warranted a general or an honorable discharge.

25.  Army Regulation 635-200 (Personnel Separations) sets forth the basic policy for the separation of enlisted personnel.

	a.  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.

	b.  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.

26.  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.

DISCUSSION AND CONCLUSIONS:

1.  With respect to his SSN:

   a.  The evidence of record confirms there is only one document containing the applicant's SSN during his service in the Regular Army.  This SSN was entered on his DD Form 214.  There is insufficient evidence to show an error exists or as a basis for changing the SSN shown on his DD Form 214.

	b.  For historical purposes, the Army has an interest in maintaining the accuracy 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 understandable the desires to now record his current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

2.  With respect to the characterization of his service:

	a.  The evidence of record shows the applicant displayed habits and traits of character manifested by frequent incidents of a discreditable nature with military authorities as confirmed by his continuous AWOL, nonjudicial punishment, and court-martial convictions.  Accordingly, his chain of command initiated separation action against him.

	b.  All requirements of law and regulation were met and his rights were fully protected throughout the separation process.  His discharge was appropriate.

	c.  Based on his record of indiscipline, the applicant's service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered his service unsatisfactory.  Therefore, he is not entitled to an honorable or a general discharge.

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)                                         AR20120012163





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ABCMR Record of Proceedings (cont)                                         AR20120012163



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