IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230006777 APPLICANT REQUESTS: on behalf of her deceased husband, a former service member (FSM), correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 7 September 1968 to show in: * Item 3 (Social Security Number (SSN)) as instead of * Item 8 (Place of Birth (POB)) as (requested) instead of (contested) * Item 10b (Selective Service Local Board Number, City, County, State and Zip Code) as (requested) instead of (contested) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Birth, * Social Security Card, undated * DD Form 214, 7 September 1968 * Marriage Certificate, * Certificate of Death, * Letter from the Department of Veterans Affairs (VA), 29 November 2022 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, she is requesting that the corrections be made to have a proper record of the FSM’s service and so that she can apply for widower’s benefits. She was unaware of the errors, and it was not until she had to present the FSM’s DD Form 214 to the funeral home that it was pointed out to her. 3. The FSM’s complete military records are not available for review. However, there are sufficient documents to conduct a fair and impartial review of this case. 4. The applicant provides the following documentation: a. The FSM’s certificate of birth, which reflects the requested POB. b. Social Security Card, which shows the FSM’s SSN as. c. His DD Form 214 for the period ending 7 September 1968. d. A marriage certificate dated . e. A certificate of death dated . f. A letter from VA, dated 29 November 2022, which states the FSM was an inpatient at the VA Hospice Unit and expired on 4 November 2022 from natural causes, Advanced Alzheimer’s Dementia, prostate cancer. 5. A review of the FSM’s available record shows the FSM was honorably discharged on 7 September 1968. He served 1 year, 7 months, and 7 days during the covered period. His DD Form 214 shows in: * Item 3 (SSN): * Item 8 (POB): shows the contested POB * Item 10b (Selective Service Local Board Number, City, County, State and Zip Code): shows the contested information * Item 10c (Date Inducted): 1 February 1967 * Item 22c (Foreign and/or Sea Service): 11 months, 25 days * Item 27 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): National Defense Service Medal, Vietnam Service Medal, and two overseas bars 6. By regulation, in effect at the time, for the SSN, transcribe the social security account number from DA Form 2139 (Military Pay Voucher) and for the POB, it was self- explanatory. For item 10b, in all cases in which the Selective Service number was recorded in item 10a of the DD Form 214, enter in item 10b the Selective Service local board number and the city and state in which located. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to deny relief based on regulatory guidance for correction of the military records. However, upon review of the applicant’s petition, available military records, the Board determined the evidence presented does demonstrate the existence of a probable error or injustice. Although the applicant used the contested social security number (SSN) during his entire period of service. The Board determined the overall merits of this case are sufficient as a basis for correction of the records of the individual concerned. The Board noted there appears to be a clerical error in the applicant’s record with his SSN being off by one digit. 2. Furthermore, the Board determined an administrative error occurred with the FSM’s place of Birth (POB)) as verses that of and the FSM’s Selective Service Local Board Number, City, County, State and Zip Code) as. The Board recommended the applicant seek assistance through the social security administration office for correction of the FSM’s social security number and they will be able to merge them as well and notify the department of veteran affairs of the correction. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of evidence that shows a material error or injustice, there is a reluctance to recommend that those records be changed. The Board determined there is sufficient evidence in the applicant’s military record to support the correction of his social security number (SSN) and his place of birth on his DD Form 214. Therefore, relief was granted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X : : 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 to show the applicant’s social security number as shown on his social security card and his place of birth as shown on his certificate of live birth. 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. REFERENCES: 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 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. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version in effect at the time stated for Item 3 (SSN), transcribe from DA Form 2139 (Military Pay Voucher), Item 8 (POB) was self-explanatory, and for Item 10b (Selective Service Local Board Number, City, County, State and Zip Code), in all cases in which the Selective Service number was recorded in item 10a of the DD Form 214, enter in item 10b the Selective Service local board number and the city and state in which located. 3. Army Regulation 635-8 (Separation Processing and Documents), currently in effect, provides the policies and procedures for separation documents. Place of Birth is no longer listed on the DD Form 214. It states for: a. Block 3, SSN, verify accuracy by reviewing initial enlistment contract and/or application for appointment. If the Soldier has had more than on SSN, list the other SSN of record in block 18 (Remarks). b. Block 7, Place of Entry into Active Duty and Home of Record: (1) Place of Entry into Active Duty, a Soldier’s initial enlistment contract or order to active duty is the source document for this data. Enter the city and state where the Soldier entered active duty. (2) Home of Record, a Soldier’s initial enlistment contract or appointment document is the source for this data, or any correction approved by the U.S. Army Human Resources Command (HRC). List the street address, city, state, and zip code listed as the Soldier’s home of record. This cannot be changed unless there is a break in active service of at least 1 full day or it is determined by HRC to be factually incorrect. 4. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230006777 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1