IN THE CASE OF:
BOARD DATE: 18 August 2011
DOCKET NUMBER: AR20110004094
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, in effect, that the records of her husband, a deceased former service member (FSM), be corrected to show to show his social security number as "XXX-7X-XXXX" instead of "XXX-6X-XXXX."
2. The applicant states the FSM's social security number is incorrect in the FSM's military records and needs to be corrected for burial benefits, a possible service-related death determination, and survivors' benefits.
3. The applicant provides copies of the following:
* U.S. Social Security Administration letter
* U.S. Social Security Administration Retirement Survivors and Disability Insurance notification
* discharge certificate
* Veterans Administration Certificate of Eligibility for Loan Guaranty Benefits
* social security card
* Medicare health insurance card
* death certificate
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
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, and 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. A review of documents contained in the FSM's military personnel records shows his social security number consistently appears as "XXX-7X-XXXX" throughout his tenure of service.
3. Item 3 (Social Security Number) of his DD Form 214 shows the FSM's social security number as "XXX-6X-XXXX."
4. Item 32 (Signature of Person Being Transferred or Discharged) of the FSM's DD Form 214 shows he reviewed and authenticated this document with his signature at the time of separation.
5. The applicant provides a U.S. Social Security Administration letter, discharge certificate, Veterans Administration Certificate of Eligibility for Loan Guaranty Benefits, social security card, Medicare health insurance card, and death certificate which show the FSM's social security number as "XXX-7X-XXXX."
6. 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. This regulation establishes standardized policy for the preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's social security number with the social security number of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests for correction of the FSM's military records to show the social security number was carefully considered and determined to have merit.
2. Records clearly indicate the FSM's SSN was XXX-7X-XXXX and that the DD Form 214 issued at the time of his separation contains an erroneous entry in the item 3. As a result, it would be appropriate in this case to amend the FSM's DD Form 214 to show his SSN as XXX-7X-XXXX.
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 DD Form 214 the entry "XXX-X6-XXXX" and replacing it with the entry "XXX-X7-XXXX."
_____________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) AR20110004094
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