ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  10 May 2019

	DOCKET NUMBER:  AR20170007807


APPLICANT REQUESTS:  correction to block 3 (Social Security Number (SSN)) her husband's, a deceased former service member (FSM) DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN as "XXX-XX-XXXX" instead of "XXX-XX-XXXX."

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* Two DD Forms 149 (Application for Correction of Military Record)
* State of Florida Marriage License, dated 22 January, 1963
* Florida Certificate of Death, dated 28 July, 2009
* Letter from the Social Security Administration, dated 22 August 2009
* DD Form 214
* Letter from a Member of Congress, dated 29 August 2009
* Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimant's Representative), dated 27 January 2017

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, the SSN listed on the FSM's DD Form 214 is incorrect.  

3.  All of the documents in the FSM's military record, including but not limited to the below, reflect his SSN as "XXX-XX-XXXX":

* DA Form 41, Record of Emergency Data
* DD Form 4, Enlistment Record Armed Forces of the United States
* DD Form 47, Record of Induction
* DD Form 398, Statement of Personal History
* DD Form 20, Enlisted Qualification Record
* Discharge Orders, dated 1 March 1973
* DA Form 3027, United States Army Request for National Agency Check, 
14 March 1967
* DD Form 214

4.  None of the documents in the FSM's military record reflects the requested SSN.

5.  The FSM’s Florida Certificate of Death (15 February 2009) reflects his SSN as, "XXX-XX-XXXX."

6.  The FSM’s name is not on the State of Florida Marriage License, dated 22 January 1963.
7.  The applicant provides a letter from the Social Security Administration, dated 22 August 2009, which reflects the FSM's SSN as "XXX-XX-XXXX", stating that the number he used all his life belonged to another individual.
8.  Army Regulation 635-5 (Separation Documents), in effect at the time stated, item 3 (SSN) of the DD Form 214 will be taken from the DA Form 2139 (Military Pay Voucher).
BOARD DISCUSSION:

1. The Board considered the applicant’s request with supporting documentation and the evidence in the record.  The applicant provided a letter from the Social Security Administration to a member of Congress, dated after the FSM’s death, stating that he had worked under SSN belonging to another individual all his life and that the SSA was working with the applicant to correct his pay records.

2.  After review of the application and the evidence, the Board determined that relief was warranted.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 reissuing the DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 March 1970 with the following amendments: 
   a.  the applicant's SSN as reflected in the SSA letter be reflected in item 3 (SSN), and 
   
   b.  the SSN under which the FSM served be reflected in item 18 (Remarks) of the reissued DD Form 214.



	 
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Separation Documents), in effect at the time stated, the purpose of a separation document is to provide and individual with documentary evidence of his military service.  A DD form 214 will be issued at the time of separation and all available records would be used as a basis for the preparation of the DD Form 214.  Item 3 (SSN) of the DD Form 214 will be taken from the DA Form 2139 (Military Pay Voucher).


ABCMR Record of Proceedings (cont)	 AR20170007807
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