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ARMY | BCMR | CY2011 | 20110007843
Original file (20110007843.txt) Auto-classification: Approved

		IN THE CASE OF:  

		BOARD DATE:  4 October 2011

		DOCKET NUMBER:  AR20110007843
 

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 (Report of Separation from Active Duty) to show his correct social security number (SSN) that begins with 3 instead of 9.

2.  The applicant states his SSN shown on his DD Form 214 is incorrect.

3.  The applicant provides a copy of his social security card.

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 enlisted in the Regular Army on 12 June 1974 for a period of
2 years.  A review of his Official Military Personnel File (OMPF) shows his


DD Form 4 (Enlistment Contract - Armed Forces of the United States) with the SSN beginning with the number 9 that he claims is incorrect.  However, that SSN was lined through and the SSN as shown on his Social Security card beginning with the number 3 was handwritten above it.

3.  A review of the applicant's OMPF shows the SSN he claims is correct is shown on the following documents:

* DD Form 398 (Statement of Personal History), dated 14 May 1974
* DA Form 873 (Certificate of Clearance and/or Security Determination), dated 1 August 1974
* DA Form 428 (Application for Identification Card), dated 20 November 1974. 
* a letter to the applicant from his company commander, subject:  Discharge from the United States Army, dated 12 February 1975
* his acknowledgement of notification of his proposed discharge, dated
13 February 1975
* Standard Form (SF) 88 (Report of Medical Examination), dated
14 February 1975
* DA Form 2496 (Disposition Form), subject: Mental Health Examination, dated 14 February 1975

4.  His record contains Special Orders Number 218, issued by Headquarters, U.S. Army Air Defense Center, Fort Bliss, TX, dated 11 November 1974 that changed his temporary identification number (TIN) of "9xx-xx-xxxx" to his SSN of "3xx-xx-xxxx" based on the issuance of an SSN to replace his TIN.  The special instruction portion of this order states, "Records will be amended in accordance with AR (Army Regulation) 600-2."

5.  The applicant was honorably discharged on 27 February 1975.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows the TIN he was assigned at the time of his enlistment.

6.  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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the SSN on his DD Form 214 is incorrect.

2.  The evidence of record shows the applicant enlisted with an assigned TIN; however, he was issued an SSN subsequent to his enlistment.  His record also contains official orders issued on 11 November 1974 directing the amendment of his records in accordance with Army Regulation 600-2, by lining through the TIN and entering his SSN on all records.

3.  In view of the foregoing, his DD Form 214 should be corrected to show his issued SSN as shown on his social security card.

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 from item 3 of his DD Form 214 the entry "9xx-xx-xxxx" and replacing it with the SSN beginning with the number 3 as shown on his social security card and Special Orders Number 218.



      ___________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)                                         AR20100017326



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110007843



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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