IN THE CASE OF:
BOARD DATE: 7 April 2011
DOCKET NUMBER: AR20100023245
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 a deceased former service member (FSM), requests correction of his DD Form 214 (Report of Transfer or Discharge) to show his correct social security number (SSN).
2. The applicant states she needs his SSN corrected so that she can obtain State widow's benefits.
3. The applicant provides:
* a copy of the FSM's DD Form 214 as recorded in the County Clerk's office, Outagamie County, WI
* the FSM's Social Security card showing the number 3xx-4x-2xxx
* the FSM's Certificate of Death showing the applicant as the surviving spouse
* the FSM's letter to the State of Wisconsin, Department of Veterans Affairs, dated 24 November 1988
* a letter to her from the Social Security Administration (SSA), Appleton District Officer, WI, dated 24 February 2011
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 7 September 1967. His induction orders used a service number and list his SSN as unknown.
3. Other record documents also listed his SSN as unknown. The earliest document showing the SSN of 1xx-6x-1xxx was his advancement document to private first class (PFC)/E-3, dated 11 March 1968.
4. The applicant served in Vietnam from March 1968 to February 1969 and he was awarded an Army Commendation Medal; however, orders only show his service number.
5. He was honorably released from active duty as a corporal (CPL)/E-4 on 6 June 1969 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. His
DD Form 214 carries his service number and the SSN as 1xx-6x-1xxx.
6. In September 1984 a DD Form 215 (Correction to DD Form 214) was issued adding the Army Commendation to his DD Form 214. The Form 215 also carries his service number and the SSN as 1xx-6x-1xxx.
7. Among the documents submitted by the applicant are:
a. the FSM's DD Form 214 obtained from the Register of Deeds for the applicant's home county; and
b. a letter from the SSA stating that the SSN of 1xx-6x-1xxx was never issued to the FSM; that it was a number issued to a female party in 1981; and that the FSM's correct SSN was always the same as that shown on his Social Security card.
DISCUSSION AND CONCLUSIONS:
1. The applicant states she needs the FSM's SSN corrected so that she can obtain State widow's benefits.
2. For historical purposes, 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. 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 the correct SSN in the FSM's military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. However, the applicant is advised that a copy of this decisional document along with her application and the supporting evidence she provided, which confirms the FSM's correct SSN, will be filed in the FSM's Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the SSN recorded in the FSM's military record and to satisfy the applicant's desire to have the FSM's correct SSN documented in his OMPF.
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.
___________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) AR20100023245
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ABCMR Record of Proceedings (cont) AR20100023245
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