BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100014825 


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 the SSN shown on his DD Form 214 is incorrect.  He did not have this social security card for a long time and he recently acquired it and noticed the difference.  It appears to be a clerical error.

3.  The applicant provides a copy of a social security card 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 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.  Prior to enlisting in the Regular Army (RA), the applicant completed a
DD Form 398 (Statement of Personnel History) and listed his "SSN" as
9xx-0x-0xxxx.  He authenticated this form by placing his signature in the appropriate block.

3.  He enlisted in the RA on 26 September 1969 for a period of 2 years.  Item 1 (Service Number) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) listed his service number as "9xx-0x-0xx."  He authenticated this form and all allied documents by placing his signature in the appropriate blocks.

4.  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 reviewed this form and authenticated it by placing his signature in the appropriate block.

5.  His records contain various personnel and medical documents, including promotion, reassignment, award, and separation orders; DD Form 1584 (National Agency Check Request); DA Form 428 (Application for Identification Card); and various Standard Forms (SF) 600 (Chronological Records of Medical Care) that show his "SSN" as "9xx-0x-0xxx."  He authenticated several of these documents by placing his signature in the appropriate block.

6.  He was honorably released from active duty on 23 June 1971 by reason of expiration of term of service.  He was transferred to a U.S. Army Reserve (USAR) unit to complete his Reserve obligation.  Item 3 of his DD Form 214 shows his "SSN" as "9xx-0x-0xxx."  He authenticated this form with his signature.

7.  He submitted a copy of a social security card that contains his name and the SSN of "2xx-6x-7xxx."

8.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), version effective 1 July 1969, announced the use of the SSN 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 SSN.  The TIN was a 9-digit number that always began with the number "9."  Upon receipt of an SSN, the TIN entry on all records would be lined out and the SSAN would be entered.

9.  Army Regulation 635-5 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 evidence of record shows the applicant enlisted in the RA on 26 September 1969.  It appears the applicant did not have his SSN card when he enlisted and he was issued a TIN of "9xx-0x-0xxx."  He consistently used this TIN throughout his entire period of military service.  He authenticated several documents by placing his signature in the appropriate blocks, indicating this was his correct "SSN."  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.

2.  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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  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.

3.  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 recorded in his military record and to satisfy his desire to have his correct SSN documented in his OMPF.

4.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the applicant's military service records, including the DD Form 214, was correct at the time, and there is insufficient evidence to grant him relief in this case.

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)                                         AR20100014825



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ABCMR Record of Proceedings (cont)                                         AR20100014825



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