IN THE CASE OF:  	  

		BOARD DATE:  14 October 2014	  

		DOCKET NUMBER:  AR20140003685 


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 her late husband, a former service member (FSM), to show his social security number (SSN) as "3XX-4X-2XXX" instead of "2XX-3X-9XXX" and that he served in Vietnam.

2.  The applicant states:

   a.  Her husband's DD Form 214 and DD Form 215 (Correction to DD Form 214) show the SSN of "2XX-3X-9XXX."  The Social Security Administration (SSA) states this SSN belongs to another person.  The family only knows of the one SSN of "3XX-4X-2XXX."

   b.  In effect, item 32 (Remarks) of her husband's DD Form 214 lists an SSN that is not her husband's.  The family would like to know why this was on the form, even though the person who does have this SSN, his information is similar to her late husband's.  If her husband also had this SSN that is in question, they would like to know if there are any benefits from Social Security and/or the Departments of Veterans Affairs (VA)/Army, including monetary, that is attached to this.

   c.  She also requests correction of the FSM's DD Form 214 to show he served in Vietnam, like he has told his family.  

3.  The applicant provides copies of the FSM's:

* adoption papers
* their marriage contract
* DD Form 214 (2 copies)
* DD Form 215
* DD Form 345-AE (Armed Forces Liberty Pass) (illegible)
* Veterans Universal Access Identification
* death certificate (2 copies)
* her widows benefit cover sheet

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The FSM's military records show he enlisted in the Regular Army on 23 February 1962.  At the time of his enlistment, he was assigned and identified with a service number starting with “RA" for Regular Army.  His military records contain the following:

* DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 23 February 1962, which does not list his SSN
* DA Form 41 (Record of Emergency Data), dated 19 June 1964, which lists his SSN as "2XX-3X-9XXX"
* DA Form 24 (Service Record), for the period from 23 February 1962 through 22 March 1965, which lists his SSN as "2XX-3X-9XXX"
* DA Form 20 (Enlisted Qualification Record) which does not list his SSN

3.  Section 5 (Service Outside Continental United States) of his DA Form 24 shows he departed from New York on 4 September 1962 and arrived in Germany on 12 September 1962.

4.  Item 33 (Record of Assignments) of his DA Form 20 shows he served in Germany from 13 September 1962 through on or about 24 April 1964.
5.  His military records are void of any evidence he served in Vietnam during his period of active duty.

6.  He was released from active duty on 26 January 1965 and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  His DD Form 214 lists in:

* Item 24c (Foreign Service and/or Sea Service) – 2 years, 3 months, and 20 days and the entry "U.S. Army Europe (USAREUR)"
* Item 32 – his SSN as "2XX-3X-9XXX" 

7.  His records also contain the following:

* Letter Orders Number E, dated 31 January 1968, discharging him from the USAR effective 31 January 1968; the orders list his SSN as "3XX-4X-2XXX"
* DD Form 215, issued on 3 September 1978, correcting his DD Form 214 to show he attained his General Educational Development High School Equivalent

8.  The applicant provides copies of the FSM's:

* adoption papers which does not list his SSN, shows changes to first and middle names, and he began using the surname of his adopted parents
* their marriage contract which does not list his SSN
* DD Form 345-AE which is illegible and does not contain an entry block for the SSN
* Veterans Universal Access Identification card which lists his SSN as "3XX-4X-2XXX"
* death certificate which lists his SSN as "3XX-4X-2XXX"
* widow's pension coversheet she submitted for Social Security benefits

9.  Army Regulation 635-5 (Separation Documents, in effect at the time, governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 24c would list credit for all foreign service completed during the period covered by the DD Form 214 and the last overseas theater in which service was performed, i.e., "USAREUR"
* Item 30 would indicate Indochina and Korea service on or after 5 August 1964 by entering inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea; where the record reflects assignment of an organization in Vietnam only show "yes" for Indochina, the inclusive dates of service in Vietnam, and indicate "no" for Korea
* item 32 would list the SSN verified in the Soldier's records

DISCUSSION AND CONCLUSIONS:

1.  With regard to item 32 of the FSM's DD Form 214:

	a.  The evidence of record shows the FSM enlisted and served in the RA with the SSN "2XX-3X-9XXX."  This SSN is consistent with the SSN he used during his military service.  He did not use the requested SSN during his military service. It appears he began using the SSN "3XX-4X-2XXX" after his separation in January 1965.  Notwithstanding the USAR discharge orders, there is no evidence of record and the applicant did not provide sufficient evidence showing item 32 of the FSM's DD Form 214 contains an error in his SSN.

	b.  For historical purpose, 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 showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While it is understandable that the applicant now desires to record the FSM's current SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

	c.  Therefore, absent convincing independent and verifiable evidence to the contrary, it is presumed that the FSM's DD Form 214 was correct at the time it was prepared and there is an insufficient evidentiary basis to grant the requested relief.  Nevertheless, a copy of this decisional document will be filed in his records to clarity the difference between the FSM's last used SSN and the SSN used during his period of service in the RA.

2.  With regard to correction of the FSM's DD Form 214 to show he served in Vietnam, there is no documentary or other evidence in his service personnel record and the applicant did not provide sufficient evidence to indicate or show that the FSM served in Vietnam on a temporary duty or another basis during his period of active duty between February 1962 to January 1965.  Therefore, there is insufficient evidence to support of correction of the FSM's DD Form 214 to show he served in Vietnam during his period of active duty.  If the applicant has or can locate copies of orders or any documentation showing the FSM served in Vietnam, she may reapply to the Board.

3.  With regard to benefits from the Social Security Administration and/or the VA, the applicant is advised that the ABCMR corrects records; it does not establish or determine benefits by other agencies.  The applicant is also advised to contact those agencies to inquire about their criteria and/or eligibility for benefits. 

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)                                         AR20140003685



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ABCMR Record of Proceedings (cont)                                         AR20140003685



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