IN THE CASE OF:	  

		BOARD DATE:	  19 July 2011

		DOCKET NUMBER:  AR20110001437 


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 the SSN shown on his DD Form 214 is incorrect.  When he went into the service, he was issued an SSN by the Army.  Once he registered with the Social Security Administration (SSA), he was issued a different number.  This issue is causing him quite a bit of confusion when he submits two documents together and he is losing out on benefits.

3.  The applicant provides a copy of his social security card and a letter from the SSA.

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.  On 17 September 1969, the applicant completed a DD Form 398 (Statement of Personal History) and listed his "SSN" as "XXX-XX-2424."  He authenticated this form by placing his signature in the appropriate block.

3.  He was inducted into the Army of the United States on 17 September 1969.  Item 2 (Service Number (SN)) of his DD Form 47 (Record of Induction) shows his SN as "9XXXX1193."  The SSN "XXX-XX-2424" entered in item 1 (Last Name – First Name – Middle Name) following his name is crossed out.

4.  His DA Form 20 (Enlisted Qualification Record) that was created upon his entrance into the Army shows the same "SN" as that shown on his DD Form 47.  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; DA Form 2962 (Security Termination Statement and Debriefing Certificate); DA Form 1811 (Physical and Mental Status on Release from Active Service); DA Form 3078 (Personal Clothing Request); Armed Forces fingerprint card, Veterans Administration 
Form 29-8286 (Servicemen's Group Life Insurance Election); and DA Form 41 (Record of Emergency Data) wherein his SN or SSN is listed as "9XX-XX-1193." 
Item 4 (SSN) of his DD Form 1584 (National Agency Check Request) shows the SSN "XXX-XX-2424" is crossed out and the SN "9XX-XX-1193" is handwritten in the same block.  He authenticated several of these documents by placing his signature in the appropriate block.

6.  He was honorably released from active duty on 8 October 1971 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.  Item 3 (SSN) of his DD Form 214 shows his SSN as "9XX-XX-1193."  He authenticated this form with his signature.

7.  He submitted a copy of a social security card that contains his name and the SSN "XXX-XX-2424."  He also submitted an SSA statement verifying that SSN "9XX-XX-1193" is not a valid SSN for the SSA and that SSN "XXX-XX-2424" is assigned to him.

8.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), effective 1 July 1969, announced the use of the SSN in lieu of military SN's.  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 through and the SSN would be entered.

9.  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.  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 was inducted into the Army of the United States on 17 September 1969.  It appears the applicant did not have his SSN card when he was inducted and he was issued a TIN of "9XX-XX-1193."  Therefore, in the few documents when SSN "XXX-XX-2424" was used, it was lined through.  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.

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 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)                                         AR20110001437



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ABCMR Record of Proceedings (cont)                                         AR20110001437



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