BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110009722 


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 "xxx-x4-xxxx" instead of "xxx-x5-xxxx."

2.  The applicant states the FSM's SSN was incorrectly typed on his DD Form 214 and it was never changed.

3.  The applicant provides:

* the FSM's DD Form 214
* the FSM's Certificate of Death
* a transmittal letter from the Veterans of Foreign Wars of the United States, Kansas City, MO

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 enlisted in the Regular Army on 7 December 1962 for a period of
3 years.  He completed training and he was awarded military occupational specialty 11B (light weapons infantryman).  The highest rank/grade he attained during his active service was specialist four (SP4)/E-4.

3.  A review of documents contained in the FSM's military personnel record primarily shows his assigned military service number was used during his period of active service.  However, the FSM's record contains a:

	a.  DA Form 20 (Enlisted Qualification Record) that includes in item 1 (Name and Service Number) the FSM's SSN as "xxx-x5-xxxx."

	b.  DA Form 24 (Service Record) that includes the FSM's SSN as
"xxx-x5-xxxx."

4.  The FSM was honorably released from active duty on 27 October 1965 as an overseas returnee.  He was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 2 years, 10 months, and 21 days of total active service.

5.  Item 2 (Service Number) of the FSM's DD Form 214 correctly shows his service number; however, item 22 (Remarks) shows the FSM's SSN as
"SSAN:  xxx-x5-xxxx."

6.  The FSM's record contains a U.S. Army Administration Center (USAAC) Form 170 (Army Reserve Personnel Data Review), dated 1 March 1967, that was signed by the FSM well after his release from active duty.  The form shows he attempted to have his military records corrected to show his correct SSN, along with other information.  The form further shows the FSM's records were coded on 15 March 1967 to show his correct SSN as "xxx-x4-xxxx."

7.  The applicant provides a copy of the FSM's Certificate of Death that shows his SSN as "xxx-x4-xxxx."

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldier's 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 FMS's separation, the instructions stated to verify the accuracy of the Soldier's service number and SSN with the service number and SSN of record.

DISCUSSION AND CONCLUSIONS:

1.  It appears the FSM listed his SSN as "xxx-x5-xxxx" at the time of his enlistment.  Although the FSM's military service number was primarily used during his period of active service his record contains official documents listing his SSN as "xxx-x5-xxxx."  There are no documents contained in the FSM's personnel or medical record that contains the SSN the applicant claims is correct.

2.  It further appears the FSM discovered the incorrect SSN while he was in the USAR as evidenced by the USAAC Form 170, dated 1 March 1967, contained in the FSM's record.

3.  However, 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 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 the FSM's OMPF.

5.  In view of the foregoing, there is insufficient evidence to grant him relief in this case.

6.  The applicant and all others concerned should know that this action in no way diminishes the sacrifices made by the FSM in service to our Nation.  The applicant and all Americans should be justifiably proud of the FSM's service in arms.  


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)                                         AR20110009722



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ABCMR Record of Proceedings (cont)                                         AR20110009722



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