IN THE CASE OF:
BOARD DATE: 17 August 2010
DOCKET NUMBER: AR20100007713
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct Social Security Number (SSN).
2. The applicant states that his SSN in his records is incorrect.
3. The applicant provides a copy of his Social Security Card showing his SSN as "0xx-4x-9xxx," a letter from the Social Security Administration indicating that the number reflected on his Social Security Card is his correct SSN, and a copy of his DD Form 214.
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 was inducted into the Army of the United States at Fort Hamilton, Brooklyn, NY on 13 August 1969. At the time of his induction, his induction record indicates that he did not have an SSN. However, orders issued by the Armed Forces Examining and Entrance Station (AFEES) at Fort Hamilton that assigned the applicant to Fort Jackson, SC indicates he was issued a Social Security Account Number (SSAN)/temporary identification number (TIN) of
"9xx-00-0xxx."
3. The applicant completed his training and he was transferred to Vietnam on 30 October 1970 for duty as a cook. He served in Vietnam until 6 August 1971, when he was transferred to Oakland Army Base, CA where he was honorably released from active duty (REFRAD) as an overseas returnee and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had served 1 year, 11 months, and 24 days of total active service. His DD Form 214 issued at the time of his REFRAD shows that he was separated under the SSN of 9xx-00-0xxx.
4. A review of his records shows that he served under the TIN his entire period of service. However, on 25 September 1975, the U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, dispatched a letter to the applicant requesting that he provide his SSN within 30 days. The applicant returned the requested information annotating his SSN as "0xx-4x-9xxx," the same number contained on his Social Security Card.
5. In accordance with a directive from the Office of the Secretary of Defense, the SSN replaced the Military Service Number effective 1 July 1969. The accepted practice during the time of transition was to issue individuals a TIN and an application for a permanent SSN. Individuals were required to provide Army officials with their permanent SSN when they received it so that records could be corrected while individuals were still serving. TINs were not valid numbers and began with the first digit of 9 and contain 00 in the fourth and fifth positions. Personnel who applied for a permanent SSN from the State of New York are issued SSNs with the first three digits ranging from 050-134.
DISCUSSION AND CONCLUSIONS:
1. While the Army has an interest in maintaining the integrity of its records to show actual information that existed at the time an individual serves, it is apparent that the applicants SSN was not made available to the Army until after he was REFRAD.
2. However, without the applicants actual SSN on his DD Form 214, he may be deprived of benefits that he earned through his honorable service to his country. Therefore, in the interest of justice, the applicants DD Form 214 for the period ending 6 August 1971 should be corrected to reflect the SSN indicated on his Social Security Card.
3. Additionally, the applicant is advised that he should inform officials at the Social Security Administration of the possibility that he has entitlements due him under his TIN that should be credited to his account.
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 "9xx-00-0xxx" and replacing it with the entry "0xx-4x-9xxx" as 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.
ABCMR Record of Proceedings (cont) AR20100007713
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100007713
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