IN THE CASE OF:	  

		BOARD DATE:	    20 September 2011

		DOCKET NUMBER:  AR20110005818 


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 social security number (SSN) as "229-XX-XXXX."

2.  The applicant states the SSN shown on his DD Form 214 is incorrect.  He did not have his SSN with him when he entered the service so he was assigned an SSN by the military.

3.  The applicant provides a copy of his social security card, a letter from the Social Security Administration, and 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, and 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 (AUS) on 2 December 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11E (armor crewman).  He was honorably released from active duty on 5 July 1971.  The highest rank he attained while serving on active duty was specialist four/E-4.

3.  The applicant's military personnel records consistently identify the applicant by his Army service number "965-XX-XXXX."

4.  The applicant's medical records consistently identify the applicant by his SSN "229-XX-XXXX."

5.  Item 2 (Service Number) of the applicant's DD Form 214 contains the entry "NA" [not applicable].

6.  Item 3 (SSN) of the applicant's DD Form 214 contains the applicant's Army service number "965-XX-XXXX."

7.  The applicant provides a copy of his social security card and a letter from the Social Security Administration showing his SSN as "229-XX-XXXX."  The SSN the applicant provides matches the SSN in his medical records.

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 service numbers.  A TIN would be issued to those individuals who did not have an SSN during the pre-enlistment processing for entrance into the active Army.  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 SSAN 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 and states 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 AUS on 2 December 1969.  It appears the applicant did not have his SSN available when he was inducted and he was issued a TIN of "9XX-XX-XXXX."  This TIN became known as his Army service number and is reflected as such throughout his personnel records.

2.  The applicant' medical records consistently use his correct SSN.

3.  The applicant's DD Form 214 incorrectly shows "NA" in the block for recording his service number.  This block is where the applicant's TIN/Army service number should have been placed.

4.  The applicant's DD Form 214 incorrectly lists his TIN/Army service number in the block intended for his SSN.

5.  The applicant's SSN is listed correctly in his medical records, but his Army service number is reflected in his personnel records.

6.  The evidence shows the applicant's DD Form 214 issued at the time of his separation contains an erroneous entry in item 3.  As a result, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as 
"229-XX-XXXX."

BOARD VOTE:

__X_____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the entry from item 3 of his DD Form 214 and replacing it with the entry "229-XX-XXXX."



      __________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)                                         AR20110005818



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ABCMR Record of Proceedings (cont)                                         AR20110005818



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