IN THE CASE OF:
BOARD DATE: 23 April 2015
DOCKET NUMBER: AR20140014845
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 social security number (SSN) shown on the FSM's
DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and Honorable Discharge Certificate.
2. She states, in effect, the FSM's SSN is wrong on both of the above documents due to a typing error.
3. She provides:
* a copy of his social security card
* FSM's death certificate
* DD Form 214
* his Honorable Discharge Certificate
* letter of recognition
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 16 September 1968, the FSM enlisted in the Regular Army.
3. The FSM's DA Form 669 (General Educational Development Individual Record), initiated on 5 February 1970, shows his SSN as XXX-42-XXXX.
4. The FSM received Special Orders Number 106, dated 25 May 1970, that relieved him from active duty and transferred him to the U.S. Army Reserve with the SSN of XXX-42-XXXX.
5. On 25 May 1970, the FSM was honorably discharged. Item 3 (SSN) of the DD Form 214 he was issued shows SSN XXX-12-XXXX. The Honorable Discharge Certificate he was issued also shows this SSN.
6. The applicant provides the FSM's social security card that shows his SSN as XXX-42-XXXX.
DISCUSSION AND CONCLUSIONS:
The SSN the applicant claims is the FSM's correct SSN was recorded in his military records. It appears an administrative error resulted in the incorrect transcription of the SSN on his DD Form 214 and Honorable Discharge Certificate. It would be appropriate to correct the DD Form 214 to show the SSN listed on his DA Form 669 and issue a new certificate.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
replacing the SSN listed on the FSM's DD Form 214 with the SSN shown on his DA Form 669 and issuing a new Honorable Discharge Certificate showing the correct SSN.
_______ _ 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) AR20140010325
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140014845
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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