BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090013571
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 widow of the deceased former service member (FSM), requests correction of the FSMs social security number (SSN) on the DD Form 1300 (Report of Casualty), dated 13 March 1968.
2. The applicant states that the Report of Casualty has the wrong SSN.
3. The applicant provides the following documents in support of her application: (1) DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 24 November 1960; (2) DD Form 214 for the period ending 12 September 1966; (3) DD Form 1300 (Report of Casualty), dated 13 March 1968; (4) letter, dated 13 July 2009, from the Department of Veterans Affairs, Denver, CO; and (5) letter, dated 23 July 2009, from the Social Security Administration.
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 applicants 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 applicants 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 15 September 1960 and was discharged on 24 November 1960 for immediate reenlistment. His DD Form 214 for the period ending 24 November 1960 shows his Social Security Account Number (SSAN) as X37-XX-XXXX in Item 32 (Remarks).
3. The FSM enlisted in the Regular Army on 25 November 1960 and continued to serve on active duty as an enlisted Soldier until 12 September 1966. His DD Form 214 for the period ending 12 September 1966 shows his SSN as
X84-XX-XXXX in Item 32.
4. On 13 September 1966, the FSM was appointed as a Reserve warrant officer in the rank of warrant officer one, W-1.
5. His service personnel records contain orders published in January 1968 and February 1968 which reflect his SSAN as X37-XX-XXXX.
6. The Report of Casualty, dated 13 March 1968, shows the FSM died on 5 March 1968 in Vietnam. Block 5 (SSN, Pay Grade, Length of Service for Pay, Basic Pay, Incentive Pay) of the report shows his SSN as X84-XX-XXXX.
7. The applicant provided a letter from the Social Security Administration, dated 23 July 2009, which verified the FSMs SSN as X37-XX-XXXX.
DISCUSSION AND CONCLUSIONS:
1. The applicant states that the FSM's Report of Casualty contains the wrong SSN. There is sufficient evidence on which to grant relief in this case.
2. There are documents in the FSMs service personnel records which show his SSN as X37-XX-XXXX. Also, the letter from the Social Security Administration confirms his SSN as X37-XX-XXXX. These documents are accepted as sufficient evidence as a basis on which to correct the FSMs SSN on his Report of Casualty.
BOARD VOTE:
_____x__ ___x_____ ___x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 amending the FSMs Report of Casualty, dated 13 March 1968, to show his SSN as X37-XX-XXXX in Block 5.
_______ _ _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.
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ABCMR Record of Proceedings (cont) AR20090013571
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