IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100030147 


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, 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.

2.  He states his record shows the SSN 9xx-0x-2xxx, which is incorrect.  Without a correction, he cannot receive Department of Veterans Affairs (DVA) benefits.

3.  He provides:

* his DD Form 214
* a Social Security Administration SSN printout, dated 14 December 2010
* a Museum of Printing History Earnings Statement for pay date
12 November 2010
* his 2007 Form W-2 (Wage and Tax Statement)
* his Texas Driver License

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 28 September 1970.  He was honorably released from active duty on 3 April 1972 after completing 1 year, 6 months, and 6 days of total active service.

3.  His record contains three documents showing the SSN 4xx-xx-xxx7.

   a.  Item 3 (Identification No.) of a Standard Form (SF) 89 (Report of Medical History) completed when he underwent a pre-induction medical examination on 9 February 1970.  This document shows the SSN of 4xx-7x-8xxx, which is lined through and replaced with the number 9xx-0x-2xxx.

   b.  Item 1 (Last Name - First Name - Middle Name) of a DD Form 47 (Record of Induction) that shows his name and typed SSN of 4xx-7x-8xx that was struck over with slash marks.  Item 2 (Service Number) shows the entry 9xxx0x2xxx.

   c.  A Standard Form 600 (Chronological Record of Medical Care) that shows he was examined at the Fort Polk Reception Station Eye Clinic in September 1970.  This form shows the SSN of 4xx-7x-8xx.

4.  Item 1 (Name and Service Number) of his DA Form 20 (Enlisted Qualification Record) shows the entry "C----r, C-----s E.  9xx-0x-2xxx."

5.  Item 3 (SSN) of his DD Form 214 shows the SSN of 9xx-0x-2xxx.  Item 32 (Signature of Person Being Transferred or Discharged) shows his signature, indicating he had verified the information on the form.

6.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number (SSAN), and Temporary Identification Number (TIN)), version 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 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.  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 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.

2.  It appears the applicant did not have his Social Security card for verification when he enlisted; therefore, he was issued a TIN.  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.  Therefore, there is no basis for granting his requested relief.

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.  The ABCMR does not upgrade records based solely for the purpose of establishing eligibility for benefits from another agency.  The granting of veteran's benefits is not within the purview of the ABCMR and any questions regarding eligibility for health care and other benefits should be addressed to the DVA.  However, the applicant is advised to present these Proceeding to the DVA, as necessary, to clarify the use of a TIN versus his SSN.


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)                                         AR20100030147



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100030147



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1