IN THE CASE OF:	  

		BOARD DATE:	      28 MAY 2009

		DOCKET NUMBER:  AR20090000534 


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 requests correction of his social security number (SSN).  

2.  The applicant states, in effect, that the SSN is not the correct one in his records.  He states he had a letter from the Social Security Administration which shows a different SSN.

3.  The applicant provides a letter from the Social Security Administration, dated 22 September 2008, and a copy of his social security card in support of his application.  

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 applicant underwent a medical examination for induction on 7 July 1969 and his Standard Form 88 (Report of Medical Examination) shows his SSN as
9__-__-1266.

3.  Department of the Army, Armed Forces Examining and Entrance Station, San Antonio, TX, Special Orders Number 131, dated 7 July 1969, show the applicant was inducted into the Army of the United States on 7 July 1969.  These orders show his SSN as 9__-__-1266.  

4.  His DD Form 47 (Record of Induction) shows his SSN as 9__-__-1266.  

5.  He completed a DD Form 1584 (National Agency Check Request) on 17 February 1969 which shows his SSN as 9__-__-1266.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his SSN as 9__-__-1266.  

7.  Headquarters, III Corps, Fort Hood, TX, Special Orders Number 170, dated
6 July 1971, show the applicant was released from active duty effective 6 July 1971.  These orders show his SSN as 9__-__-1266.  All other documents in his personnel records show his SSN as 9__-__-1266.

8.  On 6 July 1971, the applicant was released from active duty at his expiration of term of service. 

9.  Item 3 (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows his SSN as 9__-__-1266.

10.  The applicant provided a letter from a Social Security Administration Service Representative from Austin, TX, dated 22 September 2008, which indicates the applicant was first issued the SSN 4__-__-0263 in July 1963 and that he had not been issued a different SSN.  The photocopy of the social security card provided by the applicant is not completely legible.  

11.  Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's 


most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  

12.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), version effective 1 July 1969, announced the use of the SSAN in lieu of military service numbers.  A temporary identification number (TIN) would be issued during the pre-enlistment processing for entrance into the active Army to those individuals who did not have an SSAN.  The TIN was a 9-digit number that always began with the number "9."  Upon receipt of an SSAN, the TIN entry on all records would be lined out and the SSAN would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records do not show the correct SSN and the letter from the Social Security Administration shows a different SSN.

2.  There is no evidence that suggests the applicant has or would suffer any injury or injustice as a result of the Army maintaining its records with the SSN under which he served.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record his correct SSN in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

3.  Although the applicant's letter from the Social Security Administration shows the SSN of 4__-__-0263, it appears he did not have this information when he processed for induction or during his military service.  All available service records show he served on and was released from active duty using a TIN of 9__-__-1266.  

4.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the SSN/TIN recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X___  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _________XXX______________
               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)                                         AR20090000534



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ABCMR Record of Proceedings (cont)                                         AR20090000534



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