IN THE CASE OF:	

		BOARD DATE:	        9 June 2009

		DOCKET NUMBER:  AR20090003865 


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 the personnel and finance records of her deceased husband, a former service member (FSM), to show:

	a.  his full name as "Je--- Ow---" instead of "Ge---- Ka------"; and 

	b.  his Social Security Number (SSN) from "1xx-5x-7xxx" to "2xx-4x-1xxx." 

2.  The applicant states that the Veterans Administration (VA) records show the corrected name and that the FSM was not aware that every department had to be notified of the change.  She adds that she and the FSM were told by a VA representative that everything was taken care of.  

3.  The applicant provides a self-authored statement, dated 26 January 2009; a copy of a letter, dated 30 October 2008, from the Defense Finance and Accounting Service (DFAS), Retired and Annuity Pay, London, KY; a copy of VA Form 21-4138 (Statement in Support of a Claim), dated 31 August 2007; a copy of an undated Standard Form 1174 (Claim of Unpaid Compensation of Deceased Member of the Uniformed Services); a copy of the FSM’s DD Form 214 (Report of Separation from Active Duty), dated 4 March 1977; a copy of the FSM’s certificate of death, dated 11 August 2007; a copy of her marriage license, dated 4 February 1995; a copy of a marriage license (new name), dated 4 September 2004; and copies of various VA letters and reports of contact, dated on various dates, in support of her application. 


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's records show he enlisted in the Regular Army for a period of 3 years on 25 April 1975.  Item 1 (Service Number) of his DD Form 4 (Enlistment Record-Armed Forces of the United States) shows his SSN as "1xx-5x-7xxx" and item 5 (Name) shows his name as "Ge---- Ka------."  The FSM authenticated this form by placing his signature in Item 20b (Signature of Delayed Entry/Enlistment Program Enlistee) and Item 22b (Signature of Enlistee/Reenlistee) using the name "Ge---- Ka------."

3.  The FSM's DA Form 2-1 (Personnel Qualification Record) created on 29 April 1975 and reviewed by the FSM on 9 October 1975 shows his SSN as              "1xx-5x-7xxx" and his name as "Ge---- Ka------."  Again, the FSM authenticated this form by placing his signature in the appropriate block using his name        "Ge---- Ka------."

4.  The FSM’s DA Form 2 (Personnel Qualification Record) dated 12 January 1976 shows the FSM’s SSN as 1xx-5x-7xxx and his name as "Ge---- Ka------."

5.  The FSM’s records contain various personnel and finance documents, including promotion orders, retirement orders, separation orders, retirement forms, insurance documents and medical forms that show his SSN as             "1xx-5x-7xxx" and his name as "Ge---- Ka------."

6.  The FSM was honorably retired in the rank/grade of private first class (PFC)/E-3 on 4 March 1977 by reason of physical disability.  Item 1 (Name) of the DD Form 214 shows his name as "Ge---- Ka------" and item 3 (Social Security Number) shows his SSN as "1xx-5x-7xxx."  The FSM authenticated this form by placing his signature in Item 29 (Signature of Member Being Separated) using his name as "Ge---- Ka------."

7.  There is no indication in the FSM's records that he used the SSN                "2xx-4x-1xxx" or the name "Je--- Ow---" during his military service.  Additionally, there is no indication that the applicant reentered military service subsequent to his disability retirement.

8.  In her self-authored letter, dated 26 January 2009, the applicant states that she and the FSM changed their names and SSNs for protection and that all records were changed at the DVA.  She adds that she and the FSM were told by a VA representative in September 2000 that everything was taken care of at the time.  

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File (OMPF), the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Chapter 2 of this regulation states an OMPF is initiated when the Soldier becomes a member of any Army Component.  It further states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file.

10.  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.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that 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 contends that the personnel and finance records of her deceased husband, a FSM, should be corrected to show his correct name and SSN.

2.  The evidence of record shows that upon his enlistment in the Regular Army on 25 April 1975, the FSM listed his name as "Ge---- Ka------" and his SSN as "1xx-5x-7xxx."  His name and SSN are consistent with the name and SSN on several documents in his service record throughout his entire military service.  The FSM authenticated several documents by placing his full signature in the appropriate block, indicating that his name and SSN on each form were correct.  He did not use the name "Je--- Ow---" or the SSN "2xx-4x-1xxx" during his military service.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the FSM’s name or SSN in this case.  

4.  A copy of this decisional document, along with the FSM’s application will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion regarding the different names and SSNs, and adequately document his correct name and SSN in his record. 

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.




      _______ _   _XXX______   ___
               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)                                         AR20090003865





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ABCMR Record of Proceedings (cont)                                         AR20090003865



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