IN THE CASE OF:
BOARD DATE: 2 February 2012
DOCKET NUMBER: AR20110016123
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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM) be corrected to show:
* his social security number (SSN) from XX3-X4-XX80 to a completely different number
* his date of birth (DOB) from 5 March 1948 to 5 March 1949
2. The applicant states her deceased husband was not able to receive any benefits or medical support from the Department of Veterans Affairs (VA) hospital prior to his death.
3. The applicant provides a DD Form 214, social security card, certificate of birth, certificate of death, and Standard Form 180 (Request Pertaining to Military Records).
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's records show he enlisted in the Regular Army (RA) on 23 March 1966 and he held military occupational specialty 57A (Duty Soldier).
3. In conjunction with his enlistment in the RA, the FSM completed a DD Form 398 (Statement of Personal History), dated 23 March 1966, wherein he listed his SSN as XX3-X4-XX80 and DOB as 5 March 1948. He authenticated this form by placing his signature in the appropriate block.
4. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his SSN as XX3-X4-XX80 and his DOB as 5 March 1948. He authenticated this form by placing his signature in the appropriate block on 10 June 1967. He later reviewed this form on 23 August 1968.
5. His records contain numerous personnel, finance, medical, and legal documents including a DA Form 428 (Application for Identification Card), that show his SSN as XX3-X4-XX80 and DOB as 5 March 1948.
6. He was honorably released from active duty on 7 May 1969 and transferred to the U.S. Army Reserve. Item 3 (SSN) of his DD Form 214 shows his SSN as XX3-X4-XX80 and item 9 (DOB) shows 5 March 1948. He authenticated this form by placing his signature in the appropriate block. He completed 2 years, 11 months, and 22 days of creditable active service.
7. The applicant provides a social security card, dated 30 March 2011, that shows an individual with the same first and last name of the FSM has a SSN that is completely different from SSN XX3-X4-XX80.
8. The applicant also provides a certificate of birth, issued 7 June 2011, wherein it shows an individual with the same first and last name of the FSM was born on 5 March 1949.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that upon his enlistment in the RA, the FSM listed his SSN as XX3-X4-XX80 and his DOB as 5 March 1948. This SSN and DOB are consistent with the SSN and DOB he used on various documents throughout his period of military service. He authenticated several documents by placing his signature in the appropriate block indicating his SSN and/or his DOB were correct. The FSM did not use the SSN or DOB that the applicant now claims is correct during his period of military service.
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 FSM's current SSN and DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. In view of the foregoing, there is insufficient evidence to grant the requested relief.
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) AR20110016123
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ABCMR Record of Proceedings (cont) AR20110016123
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