IN THE CASE OF:	  


		BOARD DATE:	  5 June 2014

		DOCKET NUMBER:  AR20130018185 


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 (Armed Forces of the United States Report of Transfer or Discharge) to show:

* he served in the U.S. Army Reserve (USAR) vice the Illinois Army National Guard (ILARNG)
* his social security number (SSN) as XX5-XX-XXXX vice XX6-XX-XXXX

2.  The applicant states her deceased spouse did not serve in the ILARNG; he served in the USAR.  The SSN on his DD Form 214 is incorrect and she is providing documents with his correct SSN.  She is applying for a Department of Veterans Affairs (VA) headstone marker and they will not put the correct branch of service on the marker unless his DD Form 214 is corrected. 

3.  The applicant provides the FSM's DD Form 214, Honorably Discharge Certificate, certificate of death, certificate of marriage, and her military identification (ID) card.

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.  The FSM's complete military records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, the applicant provided the FSM's DD Form 214 which is sufficient for the Board to conduct a fair and impartial review of this case.

3.  The FSM's DD Form 214 shows he entered active duty for training (ADT) as a member of the ARNG on 29 May 1970.  He was honorably released from active duty on 27 September 1970 to the control of the ILARNG.  

4.  Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the third digit as 6.  Item 30 (Remarks) of this form contains the entry "Released from active duty and returned to State control as member of the Army National Guard of Illinois to complete remaining service obligation."

5.  The FSM authenticated this form by placing his signature in the appropriate block of the DD Form 214 on 27 September 1970.

6.  A review of the interactive Personnel Electronic Records Management System (iPERMS) shows on 22 October 1990 the USAR Personnel Center, St. Louis, MO, issued the FSM a memorandum of Notification of Eligibility for Retired Pay at Age 60 (20-year letter).  This 20-year letter shows the third digit of his SSN as 5.

7.  The applicant provides the FSM's Honorable Discharge Certificate that shows he was honorably discharged from the USAR on 3 August 1991.  He would have been transferred to the Retired Reserve at that time.  This certificate shows the third digit of his SSN as 5. 

8.  Orders P07-924598, dated 8 July 2010, issued by the U.S. Army Human Resources Command, retired him from the USAR and placed him on the Retired List on 1 August 2010.  This order shows the third digit of his SSN as 5.

9.  The applicant provides her family member U.S. Uniformed Services ID card, issued on 22 September 2010, wherein it shows the third digit of the FSM's SSN as 5. 

10.  The FSM died on 1 April 2013.  The applicant provides a certificate of death, issued 2 April 2013, wherein it shows the third digit of the FSM's SSN as 5. 

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  The regulation stated all entries on the DD Form 214 were required to be verified against source documents for completeness and accuracy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM's DD Form 214 should be corrected to show he served in the USAR and not the ILARNG and to show his SSN with the third digit as 5 vice 6. 

2.  There are no available records to show what SSN was listed when the FSM entered active duty on 29 May 1970; however, the evidence of record confirms that during his service in the USAR his SSN was listed with the third digit as 5.  It is logical to presume that a typographical error may have occurred during the preparation of his DD Form 214 on 27 September 1970 and his SSN was inadvertently entered with the third digit as 6.  Therefore, it would be appropriate at this time to correct his DD Form 214 to show the third digit of his SSN as 5.

3.  With respect to the correction of his DD Form 214 to show he served in the USAR vice the ILARNG in 1970, there is no evidence that supports this contention.  Although the FSM may have served in the USAR for 20 years and retired from the USAR, there is no evidence that shows when he served on ADT in 1970 that he was a member of the USAR and not the ARNG.  In the absence of evidence to the contrary, it is presumed what the Army did in this case was correct.  Therefore, the applicant is not entitled to this portion of the requested relief.







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 entry in item 3 of his DD Form 214 and replacing it with the social security number shown on his Honorable Discharge Certificate, dated 3 August 1991.

2.  The Board further determined that the evidence presented is 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 the correction of his DD Form 214 to show his branch of service as the USAR.  



      _______ _   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)                                         AR20130018185





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ABCMR Record of Proceedings (cont)                                         AR20130018185



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