MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            23 April 2002
	DOCKET NUMBER:   AR2002068166

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. Thomas Lanyi		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his separation document (DD Form 214) be corrected to reflect his correct social security number (SSN); that his rank be changed to specialist/E-4 (SPC/E-4); and that his reentry (RE) code be upgraded.  

APPLICANT STATES:  In effect, that he believes he was reduced and assigned an RE code of RE-3C unjustly and in contravention of the military code.  He also states that his SSN is incorrect and he provides a copy of his social security card in support of this claim.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 27 April 1982, the applicant enlisted in the Regular Army for 3 years.  His Enlistment Contract (DD Form 4) contains the same SSN that is recorded in his Personnel Qualification Records (DA Forms 2 and 2-1), which were created in May 1982 upon his entry on active duty and which were last reviewed and authenticated by the applicant on 23 April 1985. 

All orders, documents, and other information on file in the applicant’s Military Personnel Records Jacket (MPRJ), many of which were authenticated by the applicant with his signature, all contain the same SSN contained in the applicant’s enlistment contract and Personnel Qualifications Records, which he used throughout his tenure on active duty.  

The applicant’s record documents no acts of valor, significant achievement, or service warranting special recognition.  However it does contain a disciplinary history that includes his acceptance of nonjudicial punishment (NJP), under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ), on the following four separate occasions for the offenses indicated:  30 August 1982, for willfully destroying military property; 9 June 1983, for the wrongful use of marijuana; 13 October 1984, for damaging civilian property; and 5 March 1985, for the wrongful use of hashish.

The applicant’s DA Form 2-1 confirms in Item 18 (Appointments and Reductions) that the highest rank he held on active duty was specialist four (SP4) and that he was reduced from that rank to private/E-2 (PV2) on 5 March 1985, as a result of NJP due to his own misconduct.

On 25 April 1985, the applicant was honorably released from active duty at the completion of his term of service after completing a total of 2 years, 11 months, and 29 days of active military service.  The separation document (DD Form 214) issued to and authenticated by him on the date of his separation confirms that the regulatory authority for his separation was chapter 4, Army Regulation 
635-200.  This document also verifies that upon his separation, he was assigned a Separation Program Designator (SPD) code of LBK and a RE code of RE-3C.  
Army Regulation 601-210, in effect, at the time, covered eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  It provided for assigning individuals RE codes, based on their service records or the reason for discharge.  It stated, in pertinent part, that RE-3C applied to soldiers being separated who did not meet reentry criteria at the time of separation.  

Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The SPD code of LBK was the appropriate code to assign soldiers separating under the provisions of chapter 4, Army Regulation, who were ineligible for, barred from, or otherwise denied reenlistment at the completion of their term of service.  

Table 2-3 (SPD/RE Code Cross Reference Table), Army Regulation 635-5 (Separation Documents), in effect at the time, established RE Code 3C as the proper reentry code to assign to soldiers separated with a SPD code of LBK.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contentions that the SSN listed in his 
25 April 1985 DD Form 214 should be changed; that his rank should be restored to SP4; and that his RE code should be upgraded.  However, it finds insufficient evidence to support these claims. 

2.  In the applicant’s case, although he now claims that the SSN contained in the social security card he provides is correct, and the one recorded in his military records is incorrect, he fails to provide an official explanation from the Social Security Administration, or any other source, to explain the use of these duplicate SSNs.  

3.  The evidence of record clearly shows that the applicant’s active duty service was performed under the SSN he now claims was in error, and that this SSN was the one recorded in his enlistment contract, the military records prepared on him upon his entry on active duty, and in orders and documents prepared on him throughout his tenure on active duty, many of which he authenticated with his signature.  

4.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The information contained therein should reflect the conditions and circumstances that existed at the time the records were created and under which the military service was performed.  Therefore, the Board concludes that the SSN contained in the applicant’s 25 April 1985 separation document should not be changed.  

5.  The evidence of record also confirms that the applicant was reduced in rank as a result of his acceptance of NJP, due to his own misconduct.  Therefore, the Board finds no evidentiary basis for granting the applicant’s request that his rank be restored.

6.  In addition, the Board notes that there is a properly constituted DD Form 214 on file that contains the authority and reason for the applicant’s separation.  This document was authenticated by the applicant with his signature on the date of his separation, and the Board presumes government regularity in the applicant’s separation processing, which includes the SPD and RE code assignments made at the time.  Therefore, the Board concludes that the RE-3C code assigned the applicant was accomplished in accordance with applicable regulations, in effect at the time, and that it was and still is appropriate.  

7.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

    KAK          MDM             TL         DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002068166	
SUFFIX		
RECON		
DATE BOARDED	2002/04/23	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1985/04/25	
DISCHARGE AUTHORITY	AR 635-200 C4	
DISCHARGE REASON	ETS	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  10	100.0900	
2.  4	100.0300	
3.  16	102.0200	
4.		
5.		
6.