BOARD DATE: 9 May 2013
DOCKET NUMBER: AR20120018498
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 that 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 that the fifth digit of his Social Security Number (SSN) is a 5 and that the date of his enlistment was
1 February 1968.
2. The applicant states that the FSMs SSN should have a 5 as the fifth digit instead of a 4 and that the FSM enlisted on 1 February 1968 instead of 11 October 1971 as reflected on his DD Form 214. She goes on to state that she was courting her late husband while still in high school when he told her that he was enlisting in the Army on 1 February 1968 and they got married on 18 March 1972, a few months after his discharge.
3. The applicant provides a copy of the FSMs DD Form 214, marriage license, and a report of confidential Social Security information (Form SSA-2458).
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 was born in October 1952 and was inducted in Agana, Guam on 18 February 1970. At the time of his induction his official records were prepared to reflect an SSN that contained a 5 as the fifth digit. He completed his one-station unit training as a field wireman at Fort Ord, California and was transferred to Korea for his first and only assignment.
3. On 11 October 1971 he was honorably released from active duty (REFRAD). He had served 1 year, 7 months, and 24 days of active service. His DD Form 214 issued at the time of his REFRAD shows an SSN containing a 4 as the fifth digit and it shows that he was inducted on 18 February 1970.
4. A review of his official records confirms that his SSN contains a 5 as the fifth digit; however, they do not show any service prior to 18 February 1970.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information as it exists in the official records at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the FSMs DD Form 214 should be corrected to show his correct SSN has been noted and found to have merit. The applicant was inducted with an SSN containing a 5 as the fifth digit; however, his DD Form 214 was incorrectly prepared to reflect a 4 as the fifth digit. Accordingly, the DD Form 214 should be corrected to reflect the SSN that is reflected on the Form SSA-2458 provided by the applicant.
2. However, the applicants contention that the FSMs DD Form 214 should be corrected to show that he entered active duty on 1 February 1968 appears to lack merit. Not only is there no evidence to support that contention in his official records, the fact that he was born in 1952 makes it unlikely that he would have enlisted in 1968 at the age of 16. Accordingly, there is no basis to grant that portion of her request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__X___ _X_______ __X______ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the SSN contained in block 3 of the FSMs DD Form 214 and entering the SSN contained on the SSA Form 2458 provided by the applicant.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the date the FSM entered active duty.
_______ _ 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) AR20120018498
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ABCMR Record of Proceedings (cont) AR20120018498
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