IN THE CASE OF:	  

		BOARD DATE:	  26 June 2014

		DOCKET NUMBER:  AR20130018532 


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 spouse of a deceased former service member (FSM), requests correction of her late husband's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as "xxx-xxx-" vice "xxx-xx-."

2.  The applicant states the SSN is incorrectly listed on his DD Form 214.  

3.  The applicant provides:

* DD Form 214
* Certificate of marriage
* Verification letter from the Social Security Administration (SSA)
* Social security card
* FSM's death certificate

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 records show he was inducted into the Army of the United States (AUS) and entered active duty on 13 January 1966.  His DD Form 47 (Record of Induction) listed his SSN as "xxx-xx-" with the number "8" in the seventh digit. 

3.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed the same SSN as shown on his DD Form 47. 

4.  On 15 July 1966, he completed a DA Form 41 (Record of Emergency Data).  His SSN is listed as "xxx-xx-" on this form. 

5.  He was honorably released from active duty on 18 October 1967 and issued a DD Form 214 which shows in item 3 (SSN) the entry "xxx-xx-" with the number "5" in the seventh digit. 

6.  The applicant provides: 

* Her marriage certificate to the FSM and his death certificate
* A social security card listing a name similar to that of the FSM with the SSN listed as "xxx-xx-"
* A letter from the SSA indicating the SSN "xxx-xx-" is assigned to the FSM

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation directs, in pertinent part, that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  It is important that information entered on the form should be complete and accurate.

DISCUSSION AND CONCLUSIONS:

The evidence of records shows upon his induction into the AUS, the FSM listed his SSN as "xxx-xx-."  This SSN is consistent with the SSN shown on multiple documents in his service record and the social security card the applicant provides.  It appears the incorrect SSN was listed on the FSM's DD Form 214 during the preparation process as a result of an administrative error.  In view of the foregoing, his DD Form 214 should be corrected as recommended below.

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 deleting from item 3 of his DD Form 214 the current entry and replacing it with the SSN shown on his social security card.



      _______ _   _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)                                         AR20130018532



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ABCMR Record of Proceedings (cont)                                         AR20130018532



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