IN THE CASE OF:	  

		BOARD DATE:	 18 July 2013 

		DOCKET NUMBER:  AR20120023006 


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 show his Social Security Number (SSN) as "xxx-xx-xx84" versus "xxx-xx-xx58."  Additionally, he requests upgrade of his general discharge to an honorable discharge.

2.  He states he needs these corrections to assist him in collecting social security benefits and receiving housing.

3.  He does not provide any additional evidence.

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 28 March 1985.  His enlistment documents and all other documents in his record show his SSN as "xxx-xx-xx58."

3.  His disciplinary history includes his acceptance of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military Justice (UCMJ) on three separate occasions:

* 28 February 1986 for stealing a dinner meal on 22 February 1986
* 8 August 1986 for being absent without leave (AWOL) from 26 to 29 July 1986
* 11 September 1986 for failing to go at the time prescribed to his appointed place of duty on 16 August 1986 and failing to obey a lawful order on 
17 August 1986

4.  He received adverse counseling statements on:

* 14 August 1986 for making two unauthorized telephone calls on a Government telephone on 6 June 1986
* 18 August 1986 for having checks returned for insufficient funds
* 21 August 1986 for missing the 0730 work call formation
* 27 August 1986 for having checks returned for insufficient funds
* 4 September 1986 for having checks returned for insufficient funds

5.  On 18 November 1986, the unit commander notified the applicant of his intent to recommend him for separation from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph
14-12b, for patterns of misconduct.  Specifically, he listed the applicant receiving two company-level Article 15's, one for stealing a dinner meal and another for failing to repair; several counseling statements for dishonored checks and for charging two unauthorized telephone calls to the Government on 6 June 1986; receiving a field grade Article 15 on 5 September 1986 for disobeying a lawful order and failing to repair; and having his check cashing privileges suspended for 3 years.

6.  On 18 November 1986, the applicant acknowledged receipt of the letter of notification.

7.  On 25 November 1986, he consulted with military counsel.  After being advised of the basis for the contemplated separation action, its effects, and the rights available to him, he waived his right to consideration of his case by an administrative separation board and to consult with and be represented by counsel.  He elected not to submit statements in his behalf.  

8.  He acknowledged he understood that if he received a discharge certificate/
character of service that was less than honorable, he could make an application to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade of his discharge.  However, he understood that an act of consideration by either board did not imply that his discharge would be upgraded.

9.  On 1 December 1986, the separation authority approved the recommendation for discharge under the provisions of Army Regulation 635-200, chapter 14-12b with a General Discharge Certificate.

10.  On 5 December 1986, he was discharged accordingly.  He completed
1 year, 9 months, and 5 days of creditable active service with lost time from
26 to 28 July 1986.  Item 3 (SSN) of his DD Form 214 shows his SSN as
"xxx-xx-xx58."

11.  There is no indication he applied to the ADRB for an upgrade of his discharge within that board's 15-year statute of limitations.

12.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  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, and abuse of illegal drugs.  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.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.

	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.

13.  Army Regulation 635-5 (Separation Documents) states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's SSN of "xxx-xx-xx58" was used throughout his service and at the time he was released from active duty.  There is no evidence of record and the applicant did not provide any evidence that shows he ever presented or used the SSN of "xxx-xx-xx84" during his active duty service.  Therefore, there is an insufficient evidentiary basis for granting this portion of his request.

2.  Regarding his request for discharge upgrade, the available evidence confirms all requirements of law and regulation were met and his rights were fully protected throughout the separation process.  The record further shows his discharge accurately reflects his overall record of service.

3.  Based on this record of indiscipline, his service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered his service unsatisfactory.  Therefore, there is an insufficient evidentiary basis for granting him an honorable 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)                                         AR20120023006



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ABCMR Record of Proceedings (cont)                                         AR20120023006



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