IN THE CASE OF:
BOARD DATE: 2 August 2012
DOCKET NUMBER: AR20120003085
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 (Report of Separation from Active Duty) to show his social security number (SSN) as xxx-xx-xx30 instead of
xxx-xx-xx25.
2. The applicant states that according to the Social Security Administration (SSA), the FSM's SSN is xxx-xx-xx30. She contends that the SSN shown on the DD Form 214 was assigned to the FSM's twin brother.
3. The applicant provides:
* The FSM's DD Form 214
* A letter to the Department of Veterans Affairs (VA) from the SSA, dated
5 January 2012
* Her Marriage Certificate
* 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 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 enlisted in the Regular Army on 25 November 1974 for a period of
3 years. His enlistment contract shows the SSN the applicant claims is incorrect.
3. A review of the FSM's Official Military Personnel File (OMPF) revealed that all documents contained in his record bearing his SSN reflects the SSN the applicant claims is incorrect.
4. On 15 August 1977, the FSM retired by reason of permanent physical disability. The DD Form 214 he was issued at the time shows the SSN the applicant claims is incorrect.
5. There is no evidence in the FSM's OMPF showing he ever served under the SSN the applicant claims is correct.
6. The applicant provided a letter from the VA to the SSA that shows the FSM's SSN as xxx-xx-xx30 and an individual of the same last name and date of birth with an SSN of xxx-xx-xx25.
7. 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 evidence of record shows the FSM served under the SSN of
"xxx-xx-xx25" throughout his military career.
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 correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms the FSM's correct SSN, will be filed in his 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 her desire to have the FSM's correct SSN documented in his OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X ___ ___X____ ___X ___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others to know that the sacrifices the FSM made in service to the United States 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.
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