IN THE CASE OF:
BOARD DATE: 3 September 2009
DOCKET NUMBER: AR20090005841
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 that his Social Security Number (SSN) be corrected on all of his military records from an SSN starting with 925 to an SSN starting with 386.
2. The applicant states that when he applied for health benefits, it was noted that his SSN was incorrect on his military records.
3. The applicant provides his DD Form 214 (Report of Separation from Active Duty), his Michigan Operator License, and 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant's military records show that he enlisted in the Regular Army (RA) on 6 May 1975. His DD Form 4 (Enlistment Contract Armed Forces of the United States), shows his SSN starting with 925. (This was actually a TIN -- a temporary identification number issued by the Army.) However, attached to his DD Form 4 was a Social Security Administration Form SS-5 (Application for a Social Security Number). On that form the applicant stated that he had previously been issued an SSN starting with 386.
3. The applicant served under the SSN starting with 925. However, his records contain documents that reflect either the SSN starting with 925 or 386.
4. The applicant was honorably discharged on 18 August 1975.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that would be furnished each individual separated from the Army and established standardized procedures for the preparation and distribution of these documents. The purpose of a separation document is to provide the individual with documentary evidence of his/her military service. It is a vital record for interested Government agencies which assist the veteran in obtaining the rights and benefits to which he/she is entitled. Therefore, it is important that information entered is complete and accurate. It also established standardized policy for the preparation of the DD Form 214. It stated, in effect, that for item 3 (Social Security Number), check the records with the separatee's social security card when possible. Otherwise, verify the accuracy of the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The applicant informed personnel enlisting him that he had already been issued an SSN. It would appear that he was not able to verify his SSN; therefore, he was assigned a TIN which was later replaced by his SSN of record by the Social Security Administration.
2. Since it is evident from the applicant's Social Security Card that his SSN was and is the number starting with 386, and that he informed the appropriate military personnel office that his proper SSN was the number starting with 386, it would be proper and equitable to now correct his military records to show his SSN as the number starting with 386.
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 entry "925-xx-xxxx" and replacing it with the entry "386-xx-xxxx" that is reflected 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.
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