BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130009016 


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:

	a.  his general discharge be upgraded to honorable; and 

	b.  correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his social security number (SSN) as "xxx-xx-xx17."

2.  The applicant states his: 

* records are inaccurate
* SSN is "xxx-xx-xx17"

3.  The applicant provides:

* DD Form 214
* Social security card
* Arizona driver license

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's enlistment contract shows:

* his SSN as "xxx-xx-xx01" 
* he enlisted in the Regular Army (RA) on 12 November 1987 for a period of 4 years  

3.  He completed his training and he was awarded military occupational specialty 24C (hawk firing section mechanic).

4.  He was counseled for:

* disrespect toward a noncommissioned officer (NCO)
* absent from place of duty and missed work call formation
* late for formation/duty
* failed to report for formation 

5.  Between November 1988 and May 1989, nonjudicial punishment (NJP) was imposed against him on three occasions for:

* disobeying a noncommissioned officer (NCO) and drunk on duty
* disrespect to an NCO and absent from place of duty (three specifications)
* absent from place of duty and overindulgence in alcohol

6.  On 28 July 1989, the applicant was notified of his pending separation for patterns of misconduct under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 14-12b.  The unit commander cited his adverse counseling statements and NJP offenses.

7.  On 3 August 1989, he consulted with counsel and acknowledged that he might encounter substantial prejudice in civilian life if a general discharge were issued.  He also elected not to submit a statement in his own behalf.

8.  On 19 August 1989, the separation authority approved the recommendation for discharge for patterns of misconduct under the provisions of Army Regulation 635-200, paragraph 14-12b, and directed the issuance of a general discharge.

9.  On 30 August 1989, he was discharged accordingly.  He completed 1 year, 8 months, and 19 days of creditable active service.

10.  Item 3 (SSN) of his DD Form 214 shows the entry "xxx-xx-xx01." 

11.  He provides a copy of his social security card which shows his SSN as "xxx-xx-xx17."

12.  All of his service personnel records show his SSN as "xxx-xx-xx01."

13.  There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.

14.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  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 (military or civilian offense), and convictions by civil authorities.  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.

15.  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.

16.  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 preparation of the DD Form 214 and states 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.  The applicant's record of service included adverse counseling statements and three instances of NJP.  As a result, this record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.
2.  His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  He had an opportunity to submit a statement wherein he could have voiced his concerns; however, he elected not to do so.

3.  The type of discharge directed and the reasons therefore were appropriate considering all the facts of the case.

4.  In view of the foregoing, there is no basis for granting the applicant an honorable discharge.

5.  He contends his SSN is incorrect on his DD Form 214.

6.  The evidence of record shows he recorded his SSN as "xxx-xx-xx01" when he enlisted in the RA and this SSN was used exclusively during his military service.  His DD Form 214 shows this SSN when he was discharged in August 1989.

7.  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 applicant now desires to record his requested 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.

8.  The applicant is advised that a copy of this decisional document will be filed in his military records.  This should serve to clarify any questions or confusion regarding the SSN recorded in his military records and to satisfy his desire to have his requested SSN documented.

9.  In view of the foregoing, there is no basis for granting the applicant's request to amend his SSN.

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)                                         AR20130009016





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ABCMR Record of Proceedings (cont)                                         AR20130009016



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