Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090006335
Original file (20090006335.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	        3 September 2009

		DOCKET NUMBER:  AR20090006335 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be amended to show his social security account number (SSAN).

2.  The applicant states that his service number is listed in item 3 (Social Security Number) of his DD Form 214, instead of his SSAN.

3.  The applicant provides a copy of his SSAN card; DD Form 214; and North Carolina Department of Veterans Affairs letter, dated 9 April 2009, 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’s record shows he enlisted in the Regular Army and entered active duty on 14 October 1969.  The DD Form 4 (Enlistment Contract-Armed Forces of the United States) and DA Form 20 (Enlisted Qualification Record) prepared on the applicant in conjunction with his enlistment contain a temporary identification number (TIN) of 9xx-xx-xxxx.

3.  The applicant's official military personnel file (OMPF) contains a DA Form 873 (Certificate of Clearance and/or Security Determination Under Executive Order 10450), dated 8 December 1969, which also contains his TIN vice his SSAN.

4. The applicant's OMPF is void of any official documents containing his SSAN during his tenure on active duty.

5.  On 13 July 1971, the applicant was honorably released from active duty.  The DD Form 214 he was issued at that time shows he completed a total of 1 year and 9 months of active service.  Item 3 (Social Security Number) of the DD Form 214 contains the entry 9xx-xxx-xxx.

6.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number) effective 1 July 1969 announced the use of the SSAN in lieu of military service numbers.  A 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.

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his SSAN be added to his DD Form 214 was carefully considered.  However, for historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.

2.  The applicant did not have his SSAN card when he enlisted and he was issued a TIN.  He served under the TIN during his entire Regular Army service and he was released from active duty on 13 July 1971 under his TIN.  

3.  While the Board understands the applicant’s desire to have his DD Form 214 changed, that document was a record of his active duty service.  The Board finds no basis for compromising the integrity of the Army’s records of his period of active duty.  However, this Board action will be filed in his military records so a record of his SSAN will be on hand.

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.



      ___________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.

ABCMR Record of Proceedings (cont)                                         AR20090006335



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090006335



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120021453

    Original file (20120021453.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). However, based on the evidence of record and the evidence he submitted, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 30 of his DD Form 214 the entry: "SSAN: XXX-XX-XXXX" (i.e., the number as shown on the Social Security...

  • ARMY | BCMR | CY2011 | 20110014114

    Original file (20110014114.txt) Auto-classification: Approved

    The evidence of record shows that either a TIN or an invalid SSN was used throughout the applicant's military service. As a result, upon his REFRAD, his TIN was recorded in item 3 of his DD Form 214 as "9XX-00-XX09"; however, his SSN was not recorded on the DD Form 214. However, based on the evidence of record, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.

  • ARMY | BCMR | CY2011 | 20110012585

    Original file (20110012585.txt) Auto-classification: Denied

    He states the SSN shown on his DD Form 214 was issued by the Army. A review of his record shows he was identified by the number 9xx-0x-2xxx on all documents created during his active duty service. Item 3 (SSN) of the DD Form 214 he was issued at the time shows the entry "9XX-XX-XXXX."

  • ARMY | BCMR | CY2011 | 20110011726

    Original file (20110011726.txt) Auto-classification: Approved

    A DD Form 398 (Statement of Personal History), dated 25 May 1970, completed by the applicant upon his entry into the U.S. Armed Forces shows in: a. item 8 (Military Service – Grade and SN/Social Security Account Number (SSAN)) "E-1 9XX-XX-XX40" and b. item 13 (Employment – SSN) no entry. The evidence of record shows that either a TIN or an invalid SSN was used throughout the applicant's military service. As a result, the Board recommends that all Department of the Army records of the...

  • ARMY | BCMR | CY2010 | 20100007713

    Original file (20100007713.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Social Security Number (SSN). His DD Form 214 issued at the time of his REFRAD shows that he was separated under the SSN of “9xx-00-0xxx.” 4. _______ _ 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.

  • ARMY | BCMR | CY2010 | 20100030147

    Original file (20100030147.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as 4xx-7x-8xxx instead of 9xx-0x-2xxx. There is no evidence of record and he did not provide any evidence that shows he presented his Social Security card to update his record at any time during his active duty service. ABCMR Record of Proceedings (cont) AR20100030147 3 ARMY BOARD FOR CORRECTION OF MILITARY...

  • ARMY | BCMR | CY2012 | 20120006476

    Original file (20120006476.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SNN) as "XXX-XX-6227" vice "9XX-XX-4329." The evidence of record shows the applicant listed his SSN as "XXX-XX-6227" upon his enlistment in the RA. It also appears that the typed TIN was lined through when he received his social security card and the SSN "XXX-XX-6227" was recorded on his DD Form 4.

  • ARMY | BCMR | CY2011 | 20110001437

    Original file (20110001437.txt) Auto-classification: Denied

    When he went into the service, he was issued an SSN by the Army. Item 3 (SSN) of his DD Form 214 shows his SSN as "9XX-XX-1193." The evidence of record shows the applicant was inducted into the Army of the United States on 17 September 1969.

  • ARMY | BCMR | CY2010 | 20100014825

    Original file (20100014825.txt) Auto-classification: Denied

    His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same "SSN" as that shown on his DD Form 398 and DD Form 4. He did not use the SSN shown on his social security card he provided with his application to this Board during the time he served on active service. ___________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.

  • ARMY | BCMR | CY2011 | 20110007843

    Original file (20110007843.txt) Auto-classification: Approved

    A review of the applicant's OMPF shows the SSN he claims is correct is shown on the following documents: * DD Form 398 (Statement of Personal History), dated 14 May 1974 * DA Form 873 (Certificate of Clearance and/or Security Determination), dated 1 August 1974 * DA Form 428 (Application for Identification Card), dated 20 November 1974. Item 3 (SSN) of the DD Form 214 he was issued at the time shows the TIN he was assigned at the time of his enlistment. As a result, the Board recommends...