IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110004236 


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 the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as x2x-xx-xxxx instead of x6x-xx-xxxx.

2.  The applicant states the incorrect SSN is printed on the DD Form 214.

3.  The applicant provides a DD Form 214, the FSM's Death Certificate, and a copy of the FSM's Medicare health insurance card.

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 10 November 1965.  He completed training and he was awarded military occupational specialty 36K (Field Wireman).

3.  The FSM's issued military service number was used as his primary identification number throughout his entire period of active service.  However, a review of his official military personnel file (OMPF) revealed two documents prepared during his active service containing an SSN:

* a DD Form 398 (Statement of Personal History), dated 9 November 1965, that shows his SSN as x8x-xx-xxxx
* a DA Form 41 (Record of Emergency Data), dated 28 February 1967, that shows his SSN as x6x-xx-xxxx

4.  The FSM was honorably released from active duty on 9 November 1967 at the expiration of his term of service 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 his DD Form 214 shows the SSN
x6x-xx-xxxx, which the applicant claims is incorrect.

5.  Based on the FSM's transfer to the USAR, his OMPF contains a USAAC Form 170 (Army Reserve Personnel Data Review), dated 17 April 1968, that shows his SSN as x6x-xx-xxxx.

6.  Letter Orders Number 10-1245644, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dated 27 October 1971 honorably discharged the FSM from the Standby Reserve, effective 9 November 1971.  These orders show the FSM's SSN as x6x-xx-xxxx.

7.  The applicant provides a copy of the FSM's Death Certificate and Medicare health insurance card that shows his SSN as x2x-xx-xxxx.

8.  Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states 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's contention that the FSM's DD Form 214 should be corrected to show his SSN as "x2x-xx-xxxx" instead of "x6x-xx-xxxx" has been carefully reviewed.

2.  While the FSM's military service number was used as his primary identification throughout his entire period of active service, the documents that contain an SSN indicate he served under the SSN x6x-xx-xxxx throughout his entire military career.  The FSM's record also contains a document that shows his SSN as x8x-xx-xxxx, which he signed certifying the entries made by him were true, complete, and correct to the best of his knowledge and belief.

3.  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 FSM's correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  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 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.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20110004236



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ABCMR Record of Proceedings (cont)                                         AR20110004236



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