IN THE CASE OF:	

		BOARD DATE:	  8 November 2011 

		DOCKET NUMBER:  AR20110009988 


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 the social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed to 302-xx-xxxx instead of 943-xx-xxxx.

2.  The applicant states he believes 943-xx-xxxx is his service number.  His correct SSN is 302-xx-xxxx.

3.  The applicant provides his: 

* DD Form 47 (Record of Induction)
* DD Form 214 
* discharge orders (two copies)
* Form RRB-1099-R (Annuities or Pensions by the Railroad Retirement Board)
* 2010 U.S. Individual Income Tax Return
* 2010 Virginia Individual Income Tax Return
* Certificate of Live Birth
* Railroad Retirement Notice, dated 9 October 2009
* Service and Compensation Report, dated 18 November 2008
* Virginia Identification 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.  He was inducted into the Army of the United States on 23 September 1969.  Item 2 (Service Number) of his DD Form 47 (Record of Induction) contains the temporary identification number (TIN) 943-xx-xxxx.

3.  A DD Form 398 (Statement of Personal History), signed by the applicant on 20 September 1969, shows the TIN 943-xx-xxxx in the social security block.

4.  All the documents in his Military Personnel Records Jacket (MPRJ) identify him using the TIN 943-xx-xxxx.

5.  He was released from active duty on 1 October 1971.  Item 3 (Social Security Number) of his DD Form 214 shows the TIN 943-xx-xxxx.

6.  He submitted two copies of discharge letter orders from the U.S. Army Reserve and both are dated 20 August 1975.  Both are Letter Orders Number 08-1279636.  One contains the TIN 943-xx-xxxx and the TIN is crossed out and the SSN 302-xx-xxxx is handwritten on the orders, it also contains no signature.  The SSN 302-xx-xxxx is typed on the second letter orders and it contains a signature.  The SSN on these two documents is not the same SSN he claims is his true SSN.

7.  The applicant's Form RRB-1099-R, his tax returns, retirement notice, and Service and Compensation Report all identify his SSN as 302-xx-xxxx.

8.  In accordance with a directive from the Office of the Secretary of Defense, effective 1 July 1969, the SSN replaced the military service number.


9.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number), in effect at the time, prescribed the procedures to be used for recording, issuance or changing of several items of personnel information normally used as a means of personnel identification.

	a.  Prescribed the procedures for issuance of a TIN as a means of personnel identification for those individuals being processed for military service who did not have a SSN.

	b.  The TIN was entered in pencil in those items reserved for recording the SSN at the time of pre-enlistment or pre-induction processing.  Upon receipt of an SSN card by the individual the pencil entry of the TIN will be replaced by permanent entry of the SSN.  For those individuals who came on active duty without an SSN, the TIN was entered as a permanent entry.  Upon receipt of an SSN the TIN was lined out and the SSN entered.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 47 and DD Form 398 shows he was inducted using the TIN  943-xx-xxxx and all of the documents in his MPRJ indicate he used this TIN throughout his period of active service.  There is no evidence of when he was issued the SSN 302-xx-xxxx or that he provided it to his chain of command for entry in his MPRJ.

2.  The documents he submitted show he now uses SSN 302-xx-xxxx.  However, he never used this SSN as a means of identification when he served in an active duty status.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should actually 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 a reluctance to recommend that those records be changed.  

3.  This Record of Proceedings will be filed in his military record to provide clarity and to deal with any confusion that may arise regarding the difference in his SSN.  Filing the Board's decisional document will also guarantee the historical integrity of the applicant's military record regarding the SSN under which he served.


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)                                         AR20110009988



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ABCMR Record of Proceedings (cont)                                         AR20110009988



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