IN THE CASE OF:	  

		BOARD DATE:	  18 January 2011

		DOCKET NUMBER:  AR20100017637 


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 social security number (SSN) as shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he was issued a service number when he was inducted into the Army.  After he was discharged, he states he received his SSN.  He now needs to change his SSN on his DD Form 214 so that he is not charged for services or medications at Department of Veterans Affairs (VA) medical centers.

3.  The applicant provides a copy of his DD Form 214 with a separation date of 25 April 1973 and a Social Security Administration (SSA) print out, dated 4 June 2010.

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 was inducted into the Army of the United States on 4 May 1971.  He completed his initial entry training and was awarded military occupational specialty 26L (Tactical Microwave Systems Repairer).

3.  Item 2 (Service Number) of the applicant's DD Form 47 (Record of Induction) shows his service number as "948-XX-XXXX."  He authenticated this form and all allied documents by placing his signature in the appropriate blocks.

4.  Special Orders Number 86 issued by the Armed Forces Examining and Entrance Station, Philadelphia, PA, on 4 May 1971 show his SSN as 
"948-XX-XXXX."

5.  The applicant's military personnel records show his SSN as "948-XX-XXXX."  This SSN was used consistently in the publication of his military orders and related documents, to include a DA Form 873 (Certificate of Clearance and/or Security Determination under Executive Order 10450).

6.  On 25 April 1973, the applicant was released from active duty under the early separation of overseas returnees provision and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his military service obligation.  He was issued a DD Form 214 that shows the entry "948-XX-XXXX" in item 3 (SSN).

7.  On 3 May 1977, the applicant was honorably discharged from the USAR Standby Reserve.  Orders 04-1068085 issued by the Reserve Components Personnel and Administration Center shows his SSN as "218-XX-XXXX."  The source document used to change his SSN within his service record from 
"948-XX-XXX" to "218-XX-XXXX" was not found within his official military personnel file (OMPF).

8.  The applicant submitted an SSA benefit information sheet, dated 4 June 2010, showing his SSN as "218-XX-XXXX."

9.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number (SSAN), and Temporary Identification Number (TIN)) 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 SSN would be entered.

10.  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 and 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 contends that his SSN should be corrected to show 
"218-XX-XXXX" on his DD Form 214 because he was issued this SSN after his discharge from active duty.  Additionally, he contends he needs his current SSN shown on his DD Form 214 so he is not billed for medical care at a VA hospital.

2.  The evidence of record shows the applicant was inducted into the Army of the United States on 4 May 1971.  It appears the applicant did not have his social security card when he was inducted and he was issued a TIN of "948-XX-XXX."  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 SSA benefit sheet that he provided with his application to this Board during the time he served on active duty.

3.  After his separation from active duty he was transferred to the USAR.  Upon completion of his military service obligation, he was discharged from the USAR on military orders that show his SSN as "218-XX-XXXX."  However, no source document for this change was found within his OMPF.

4.  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.  There is a reluctance to recommend that those records be changed.  While it is understandable that the applicant now desires to record his current 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.

5.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided which confirms his current SSN will be filed in his OMPF.  This should serve to clarify any questions or confusion concerning the difference in the SSN recorded in his military record and to satisfy his desire to have his current SSN documented in his OMPF.

6.  Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed 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 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)                                         AR20100012161



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ABCMR Record of Proceedings (cont)                                         AR20100017637



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