IN THE CASE OF:
BOARD DATE: 5 June 2012
DOCKET NUMBER: AR20110022696
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 spouse of a deceased former service member (FSM), requests correction of her husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 3 August 1967 to show his correct social security number (SSN).
2. The applicant states the SSN recorded on the FSM's initial DD Form 214 is incorrect.
3. The applicant provides copies of the FSM's two DD Forms 214 for the period ending 3 August 1967 and 7 June 1972; and the FSM's Certificate of Death.
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. A DD Form 4 (Enlistment Record - Armed Forces of the United States) shows the FSM enlisted in the Regular Army (RA) on 29 July 1965 for a period of
3 years. The U.S. Armed Forces did not use the SSN at the time of the FSM's enlistment.
3. The FSM was honorably discharged on 3 August 1967 for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows:
* He completed 2 years and 6 days of total active service
* In Item 3 (SSN) the entry "xx4-x2-xxxx"
4. A DD Form 4 shows the FSM reenlisted in the RA on 4 August 1967 for a period of 6 years. Item 37 (Remarks) shows the handwritten entry,
"SSN: xx4-x2-xxxx."
5. The FSM's DA Form 20 (Enlisted Qualification Record) prepared on
24 August 1971 and audited by the FSM on the same day shows:
* In Item 1 (Name and Service Number) a lined-through SSN entry of
"xx4-x2-xxxx"
* an SSN reentry of "xx2-x4-xxxx"
6. On 7 June 1972, the FSM was again discharged from the RA. The DD Form 214 he was issued at the time shows:
* He completed 4 years, 10 months, and 2 days of net active service this period
* In Item 3 the entry "xx2-x4-xxxx"
7. Special Orders Number 154, issued by Headquarters, U.S. Army Training Center, Engineer, Fort Leonard Wood, MO, dated 2 June 1972, discharged the FSM effective 7 June 1972. These orders show his SSN as "xx2-x4-xxxx."
8. The applicant provides a copy of the FSM's Certificate of Death that shows his SSN as "xx2-x4-xxxx."
9. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established standardized policy for preparing and distributing the DD Form 214.
a. The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation. Therefore, it is important the information entered thereon is complete and accurate as of that date.
b. Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214. It states that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record and orders.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows an incorrect SSN was recorded on the FSM's DA Form 20 and the same incorrect SSN was recorded on his DD Form 214 for the period ending 3 August 1967. However, it appears the FSM's SSN was subsequently corrected on his DA Form 20 as reflected on his DD Form 214 for the period ending 7 June 1972 that shows his correct SSN.
2. The evidence supports the applicant's contention that an incorrect SSN was entered on the FSM's first DD Form 214.
3. In view of the foregoing, the FSM's DD Form 214 for the period ending
3 August 1967 should be corrected to show his correct SSN.
BOARD VOTE:
___X____ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 FSM's DD Form 214 for the period ending 3 August
1967 the current entry and replacing it with the entry as shown on his
DA Form 20 and his DD Form 214 for the period ending 7 June 1972.
2. The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the Nation are deeply appreciated. The applicant and all Americans should be justifiably proud of the FSM's service in arms.
_______ _ 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) AR20110022696
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ABCMR Record of Proceedings (cont) AR20110022696
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