IN THE CASE OF:	  

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110000281 


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, the spouse of a deceased former service member (FSM), requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as
2x1-xx-xxx2 instead of 4x2-xx-xxx3.

2.  The applicant states that the SSN shown on the FSM's DD Form 214 is incorrect.

3.  The applicant provides:

* the FSM's DD Form 214
* a U.S. Army Administration Center (USAAC) Form 171 (Army Reserve Status and Address Verification), dated 23 July 1969
* correspondence from the Social Security Administration (SSA) concerning claim for widow’s insurance benefits which includes the FSM’s correct SSN
* a Commonwealth of Virginia Marriage Certificate
* the FSM's State of Delaware Certificate of Death

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 FSM was inducted into the Army of the United States on 7 October 1965.  At that time, Soldiers were issued Army service numbers; however, his DD Form 47 (Record of Induction) shows his SSN as 2x1-xx-xxx2.

3.  The FSM was honorably released from active duty on 27 September 1967 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation.  Item 3 (SSN) of the applicant's DD Form 214 shows in item 3 (SSN) the entry 4x2-xx-xxx3.

4.  The following documents in the FSM's military record show the SSN the applicant claims is correct:

* Letter Orders Number 09-1204858, issued by the Office of the Adjutant General, U.S. Army Reserve (USAR) Components Personnel and Administration Center, subject:  Discharge from the USAR, dated
22 September 1971
* USAAC Form 171, dated 23 July 1969

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the FSM was inducted into the Army of the United States under the SSN of 2x1-xx-xxx2.

2.  All other documents in the FSM's record containing an SSN, other than his DD Form 214, shows his SSN as 2x1-xx-xxx2, which matches the SSN as verified by the SSA.

3.  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.


4.  In view of the foregoing, there is sufficient evidence for granting the applicant's request to correct the FSM's DD Form 214.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 3 of the FSM's DD Form 214 the entry 4x2-xx-xxx3 and replacing it with the entry 2x1-xx-xxx2.



      ______________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)                                         AR20110000281 




2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1