IN THE CASE OF:  	  

		BOARD DATE:  17 September 2015	  

		DOCKET NUMBER:  AR20150002147 


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 correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as 198-XX-XXXX and in effect, an upgrade of his discharge under other than honorable conditions.

2.  The applicant states:

* an incorrect SSN was recorded on his DD Form 214
* he has never used the SSN that appears on his DD Form 214
* he would like it corrected to enable him to use his veterans' benefits
* all he wanted to be while growing up in North Carolina was a Soldier
* as he got older he wanted to become a doctor, but he knew his parents would not be able to pay for his education as they could barely pay their bills as sharecroppers
* his plan was to join the Army to become a combat medic, learn all he could, then get out and go to school on the GI Bill to become a doctor
* he joined the Army in 1972 and went to basic combat training at Fort Jackson, South Carolina, where he experienced a great amount of racism, but he felt it was part of the training process and took it in stride
* when he transferred to Fort Sam Houston, Texas, the racism was less intense due to the diversity in the area
* once at Fort Ord, California, the racism was the worst he ever experienced in his life
* the racism came from the white officers who made it their daily mission to reinforce the fact that he was black and inferior
* he felt a great deal of pressure being a black Soldier and being treated as if he were less than dirt by the white officers and even the same white men he trained with and believed they mutually had each other's backs if needed in combat
* he experienced the added pressure of not being respected or liked by the civilians off post who spat on black Soldiers whenever they walked off the base
* one Saturday he went to see the movie "Lady Sings the Blues" showing in the post theater where white Soldiers began laughing very loudly and shouting out racial comments
* a fight between the black and white Soldiers broke out and he took a belt from a white Soldier to disarm him because he was using it as a weapon to hit him
* a few days later he was arrested by the base military police for stealing the belt
* there was nothing fair about his court-martial hearing
* he spent 30 days in the stockade and thought he would be released to continue fulfilling his dream in the Army, but he was transferred to Fort Riley, Kansas, where he was told within a few weeks of arrival that he would be discharged with an other than honorable character of service
* during his short stay in the Army he passed all inspections and tests, did as he was told, and never got into any trouble
* he tried to fight his discharge many times with no help
* he was even told by the Army a few years later that he was never in the Army or that his records were possibly burned in a fire in 1973
* a few years ago he was able to get a copy of his DD Form 214 and saw that it shows a different SSN on it

3.  The applicant provides:

* self-authored statement
* letter from the National Personnel Records Center
* letter from the Army Review Boards Agency
* four character-reference letters

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 2 January 1973.  His DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows his SSN as 196-XX-XXXX.

3.  He accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), on the following occasions for the reasons indicated:

* 25 April 1973 – for damaging a military vehicle through neglect on 21 March 1973
* 10 August 1973 – for being disrespectful in language toward a sergeant first class, his superior noncommissioned officer, who was then in the execution of his office and for disobeying a lawful order

4.  His SSN is listed as 196-XX-XXXX on both DA Forms 2627-1 (Record of Proceedings under Article 15, UCMJ).

5.  Headquarters, Headquarters Command, U.S. Army Training Center, Fort Ord, CA, Special Court-Martial Order Number 227, dated 28 November 1973, reflects he was charged with and found guilty of two specifications of stealing belts and two specifications of disobeying lawful orders.

6.  An undated DA Form 3822-R (Report of Mental Status Evaluation) shows his behavior was rated normal, he was fully alert and oriented, and he was thinking clearly.  He had no significant mental illness and he was mentally responsible, he able to distinguish right from wrong and adhere to the right, he had the mental capacity to understand and participate in board proceedings, and he met the retention standards prescribed in Army Regulation 40-501 (Standards of Medical Fitness), chapter 3.  His SSN is listed on this form as 196-XX-XXXX.

7.  On 13 February 1974, his commander initiated action to separate him from the service for misconduct and frequent incidents of a discreditable nature under the provisions of Army Regulation 635-200, chapter 13.  His SSN is listed as 
196-XX-XXXX throughout the documents contained in his discharge packet.

8.  On 7 March 1974, he acknowledged he had been advised of the basis for the contemplated separation action.  He waived representation by counsel and consideration of his case by a board of officers.  He did not submit statements in his own behalf.  He acknowledged his understanding that he could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions were issued to him and that he may be ineligible for many or all benefits as a veteran as the result of the issuance of a discharge under other than honorable conditions.

9.  On 8 March 1974, the separation authority waived further rehabilitative requirements and approved the applicant's discharge under the provisions of Army Regulation 635-200, paragraph 13-5a(1), with the issuance of an Undesirable Discharge Certificate.

10.  He was discharged under other than honorable conditions on 12 March 1974.  He completed a total of 1 year and 23 days of creditable active military service.  His DD Form 214 shows he accrued 48 days of lost time.  His SSN is listed as 196-XX-XXXX on his DD Form 214.

11.  Records show he consistently used the SSN 196-XX-XXXX throughout his military service.

12.  There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations.

13.  He provided four character-reference letters attesting to his good character, tireless support of his family, and sense of responsibility.

14.  Army Regulation 635-200 sets forth the policy and prescribes the procedures for the administrative separation of enlisted personnel.

	a.  Chapter 13, in effect at that time, applied to separation for unfitness and unsuitability.  Paragraph 13-5a provided for separation for unfitness which included frequent incidents of a discreditable nature.  When separation for unfitness was warranted, an undesirable discharge was normally considered appropriate.

	b.  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.  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.

15.  Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide an individual with documentary evidence of his or her military service.  It is important that information entered on the form is complete and accurate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his social security number (SSN) as 198-XX-XXXX and, in effect, an upgrade of his discharge under other than honorable conditions was carefully considered.

2.  There is no evidence the SSN the applicant claims to be correct was ever recorded in his military records.  The SSN shown on his separation document is the same SSN shown throughout his other service documents.

3.  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 understandable the applicant desires to now record his current SSN in his record, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including his DD Form 214, were correct at the time of preparation.  Therefore, there is insufficient evidence with which to grant him the requested relief.

5.  A copy of this decisional document will be filed in his official military records.  This should serve to clarify any questions or confusion regarding the difference in the SSN recorded in his military records and the SSN he claims to be correct.

6.  His records reveal a history of indiscipline that included infractions resulting in NJP on two occasions, conviction by special court martial, and 48 days of lost time.

7.  The evidence of record shows he was discharged under the provisions of Army Regulation 635-200, chapter 13, due to misconduct.  His disciplinary history demonstrated a trend of misconduct and clearly established that rehabilitation was impractical or was unlikely to produce a satisfactory Soldier.

8.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The character of his service clearly did not rise to the level of conduct and performance of duty commensurate with a fully honorable discharge or a general discharge under honorable conditions.  In view of the foregoing evidence, there is no basis for upgrading his 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 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)                                         AR20150002147



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ABCMR Record of Proceedings (cont)                                         AR20150002147



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