IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140012888
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 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 his social security number (SSN) as
X4X-70-XXXX instead of X7X-42-XXXX.
2. The applicant states:
* the FSM's DD Form 214 does not show the SSN that is shown on his social security card
* she is having a problem obtaining Dependency and Indemnity Compensation from the Department of Veterans Affairs (VA)
3. The applicant provides:
* FSM's DD Form 214
* FSM's death certificate
* FSM's Fieldcrest Cannon, Incorporated, Medical Benefits Plan Identification Card
* VA Form 21-4138 (Statement in Support of Claim)
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 was inducted into the Army of the United States on 2 June 1965 and he was issued a service number.
3. The FSM's DA Form 41 (Record of Emergency Data), dated 21 April 1966, shows his SSN as X7X-42-XXXX.
4. The FSM's DA Form 20 (Enlisted Qualification Record) shows his SSN as X7X-42-XXXX.
5. On 12 May 1967, the FSM was honorably released from active duty. Item 3 (SSN) of his DD Form 214 shows his SSN as X7X-42-XXXX.
6. The FSM's U.S. Army Administration Center Form 170 (Army Reserve Personnel Data Review), dated 30 December 1967, shows he confirmed his SSN as X7X-42-XXXX.
7. The applicant provided copies of the FSM's DD Form 214; death certificate; and Fieldcrest Cannon, Incorporated, Medical Benefits Plan Identification Card that show his SSN as X4X-70-XXXX.
8. A review of the FSM's records shows he consistently used his service number instead of his SSN throughout his period of service. His records are void of and the applicant failed to provide evidence showing the FSM used the requested SSN during his military service.
9. Army Regulation 635-5 (Separation Documents), in effect at the time, established standardized policy for preparing and distributing the DD Form 214. The purpose of the separation document is to provide an individual with documentary evidence of his or her military service. It is important that information entered on the form is complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. The FSM's records are void of and the applicant failed to provide evidence showing the requested SSN was ever used by the FSM during his military service.
3. There is not a sufficiently compelling reason for compromising the integrity of the Army's records. Absent convincing independent and verifiable evidence to the contrary, it is presumed that the FSM's military service records, including his DD Form 214, were correct at the time of preparation and there is insufficient evidence to grant the requested relief in this case.
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 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.
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ABCMR Record of Proceedings (cont) AR20140012888
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