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 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 applicants 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 Soldiers 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 applicants 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 Armys 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
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ABCMR Record of Proceedings (cont) AR20090006335
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