IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160011049 BOARD VOTE: ____x____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160011049 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 amending his DD Forms 214 for the periods ending 21 September 1960 and 20 September 1963 by deleting the current SSN in item 32 and adding SSN "" (as 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. IN THE CASE OF: BOARD DATE: 13 September 2016 DOCKET NUMBER: AR20160011049 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 his DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for two periods of service to show his social security number (SSN) as "" vice "." 2. The applicant states the FSM's DD Forms 214 contain an administrative error that has been overlooked by a number of people. Both show an incorrect SSN. 3. The applicant provides: * FSM's social security card * DD Forms 214 * Congressional correspondence * Pre-registration for burial determination * Receipt for Social Security Retirement Insurance benefits * Application for Enrollment in Medicare * Letter from the Social Security Administration * Request for Determination of Eligibility and Available Loan Guarantee Entitlement * Letter from the Department of Veterans Affairs 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 enlisted in the Regular Army (RA) on 30 June 1958. His DD Form 4 (Enlistment Record - Armed Forces of the United States) identified him by his service number. It did not list his SSN. 3. His DA Form 24 (Service Record), which was created upon his entry on active duty, listed his SSN as "." 4. He was honorably released from active duty on 21 September 1960. Item 32 (Remarks) of his DD Form 214 for this period of service shows his SSN as ." 5. He reenlisted on 21 September 1960. His reenlistment DD Form 4 also listed his service number. It did not list his SSN. Likewise, his DA Form 20 (Enlisted Qualification Record), which replaced his DA Form 24, identified him by his service number. It did not list his SSN. 6. On 21 June 1962, he completed a DD Form 41 (Record of Emergency Data) and listed his SSN as "." 7. He was honorably released from active duty on 20 September 1963. Item 32 of his DD Form 214 for this period of service shows his SSN as "." 8. The applicant provides the following documents pertaining to the FSM, all reflecting the requested SSN: * social security card * Pre-registration for burial determination * Receipt for Social Security Retirement Insurance benefits * Application for Enrollment in Medicare * Letter from the Social Security Administration * Request for Determination of Eligibility and Available Loan Guarantee Entitlement * Letter from the Department of Veterans Affairs REFERENCE: 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: The evidence of record shows, upon his enlistment and reenlistment in the Regular Army, the FSM was identified by his service number. He was not identified by an SSN. However, his record contains at least one document (DA Form 41) that reflects an SSN () that is consistent with the SSN the applicant claims is correct. It appears an administrative error occurred that resulted in an error in the SSN recorded on both of his DD Forms 214. //NOTHING FOLLOWS//