IN THE CASE OF:	

		BOARD DATE:	  20 November 2012  

		DOCKET NUMBER:  AR20120009720 


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 correction of the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his deceased spouse, a former service member (FSM), to show her social security number (SSN) as "547-XX-XXXX" instead of "553-XX-XXXX."

2.  The applicant states:

   a.  the FSM served under an SSN that belonged to another person;
   
   b.  during the FSM's enlistment process, she did not have her social security card.  She called her mother and her mother gave her the wrong SSN;
   
   c.  after she was discharged from the Army she found her social security card which listed a totally different SSN;
   
   d.  she believed the SSN that she used during her period of active service may have belonged to her step-brother, who lived at the same residence;
   
   e.  the FSM previously made some unsuccessful attempts to correct the SSN that is listed in her military records; and
   
   f.  while attempting to apply for burial benefits, the Department of Veterans Affairs in Lexington, Kentucky advised him to submit an application to this Board to correct the FSM's SSN.
   

3.  The applicant provides:

* Self-authored statement
* DD Form 214
* National Personnel Records Center (NPRC) Letter
* Two variations of the FSM's social security card
* Marriage Certificate
* 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.  On 24 September 1971, the FSM enlisted in the Regular Army (RA).  Her    DD Form 4 (Enlistment or Reenlistment Agreement - Armed Forces of the United States) that was completed during her enlistment processing shows, Item 1, (Service No./SSAN), contains the entry 553-XX-XXXX.

3.  The DA Form 20 (Enlisted Qualification Record) prepared upon her entry on active duty lists the SSN the applicant claims is incorrect (553-XX-XXXX).

4.  On 4 June 1972, the FSM was honorably discharged from the RA after completing 7 years and 4 months of total active service.  Item 3 (SSN) lists the SSN the applicant claims is incorrect.

5.  All documents in the FSM's Army Military Human Resource Record, formerly known as the Official Military Personnel File, containing an SSN list SSN 553-XX-XXXX.  The FSM also authenticated these documents with her signature when required.  There are no documents in her record that list SSN 547-XX-XXXX.


6.  The applicant provides two copies of the FSM's social security card which lists the number that he now claims is correct.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's record includes a DD Form 4 which shows the SSN she disclosed upon enlistment is the same SSN that the applicant now claims is incorrect.  The FSM's record clearly lists this SSN on all applicable documents maintained throughout her military service.  She authenticated these documents with her signature when required.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 that the applicant desires the FSM's military records to now record the SSN that he claims is correct and as indicated on the evidence he provides, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

3.  Absent convincing independent and verifiable evidence to the contrary, it is presumed that the FSM's military service records, including the DD Form 214, were correct at the time and there is insufficient evidence to grant relief in this case.

4.  The applicant is advised that a copy of this decisional document will be filed in the FSM's service record.  This should serve to clarify any questions or confusion in regard to the different SSNs and to satisfy his desire to have the requested SSN documented in her record.

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)                                         AR20120009720



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ABCMR Record of Proceedings (cont)                                         AR20120009720



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