IN THE CASE OF:	  

		BOARD DATE:	  20 December 2012

		DOCKET NUMBER:  AR20120012703 


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:

* upgrade of his undesirable discharge to an honorable discharge
* correction of his DD Form 214 (Report of Separation from Active Duty) to show his right Social Security Number (SSN)

2.  The applicant states he was promised he would receive an honorable discharge 30 days after being discharged.  He also states his DD Form 214 has the wrong SSN.

3.  The applicant provided a copy of 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.  The applicant enlisted in the Regular Army on 31 July 1973.  During his enlistment processing he completed a DD Form 398 (Statement of Personal History).  Item 13 (Employment – SSN) shows he entered his SSN as
2xx-8x-2xxx, the SSN he claims is correct.

3.  His record also contains a DD Form 4 (Enlistment contract – Armed Forces of the United States) that shows in item 1 (Service Number/SSN) the entry
9xx-0x-4xxx and handwritten above the entry 2xx-8x-2xxx, the SSN he claims is correct.

4.  He completed basic combat training at Fort Jackson, SC.  On 28 September 1973, he was reassigned within Fort Jackson to undergo advanced individual training.

5.  On 30 November 1973, charges were preferred against the applicant for being absent without leave (AWOL) from:

* 1 October through 2 October 1973
* 3 October through 10 October 1973
* 11 October through 29 November 1973

6.  On 3 December 1973, the applicant consulted with counsel and he was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effect of an under other than honorable conditions discharge, and of the procedures and rights available to him.

7.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial.  In the applicant's request for discharge, he indicated he understood his discharge may be discharge under other than honorable conditions and furnished an Undesirable Discharge Certificate.

8.  On 13 December 1973, the separation authority approved the applicant's request for discharge and directed the issuance of an Undesirable Discharge Certificate.  On 18 December 1973, the applicant was discharged accordingly.  He completed 3 months and 21 days of total active service with 27 days of time lost due to being AWOL.

9.  The applicant's record clearly shows he was identified using the Temporary Identification Number (TIN) of 9xx-3x-4xxx and the SSN of 2xx-8x-2xxx, the SSN he claims is correct.
10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service at any time after court-martial charges were preferred,.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, type of discharge normally given under the provisions of this chapter, the loss of Veterans Administration benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  An Undesirable Discharge Certificate would normally be furnished an individual who was discharged for the good of the Service.

	b.  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.

	c.  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.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part it stated that the complete SSN of the separating service member would be entered on the DD Form 214.

12.  Army Regulation 600-2 (Name and Birth Data, SSN, and TIN), version effective 1 July 1969, announced the use of the SSN in lieu of military service numbers.  A TIN would be issued during the pre-enlistment processing for entrance into the active Army to those individuals who did not have a SSN.  The TIN was a 9-digit number that always began with the number "9."  Upon receipt of an SSN, the TIN entry on all records would be lined out and the SSN would be entered.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his discharge and correction of his DD Form 214 was carefully considered and determined to have partial merit.

2.  The applicant was discharged under the provisions of Army Regulation
635-200, chapter 10, for the good of the service - in lieu of trial by court-martial.  Discharges under the provisions of this chapter are voluntary requests for discharge in lieu of trial by court-martial.  All requirements of the law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant's discharge accurately reflects his overall record of service.

3.  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.  His misconduct rendered his service unsatisfactory.  Therefore, the applicant is not entitled to an honorable or a general discharge.

4.  The U.S. Army has never had a policy, then and now, for the automatic upgrade of a properly issued discharge.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.  The ABCMR will warrant any changes if it is determined the characterization of service or the reason for discharge were either improper or inequitable.

5.  The applicant's record shows he was issued the TIN of 9xx-0x-4xxx that was subsequently replaced by his issued SSN of 2xx-8x-2xxx as shown on his
DD Form 4.  He completed a DD Form 398 wherein he entered the SSN he claims is correct.  Additionally, the 4th endorsement of his approved chapter 10 discharge packet reflect the same SSN.  Therefore, his DD Form 214 should be corrected to show his assigned SSN accordingly.

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 deleting from his DD Form 214 the current SSN entry and replacing it with the SSN as shown on his DD Form 4, DD Form 398, and the 4th endorsement of his approved chapter 10 discharge packet.

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 discharge to either honorable or general.



      ____________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)                                         AR20120012703



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ABCMR Record of Proceedings (cont)                                         AR20120012703



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