BOARD DATE:	  15 November 2011

		DOCKET NUMBER:  AR20110010754 


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) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  

2.  He states:

* the Department of Veterans Affairs (VA) said the SSN on his DD Form 214 was a typographical error made by the Army 
* the VA will not process his application for medical care because the SSN on his DD Form 214 doesn't match his original SSN
* the SSN on his DD Form 214 was assigned to him and he used it while he was in the Army
* he has been disabled since January 2011 and he needs this error rectified as soon as possible

3.  He provides:

* Letter from his spouse
* DD Form 214
* Photocopy of Social Security Card, U.S. Government Motor Vehicle Operator's Identification Card, and Geneva Convention Identification Card
* Birth certificate
* Award certificate for the Army Commendation Medal (Third Oak Leaf Cluster)


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 6 October 1969.  His DD Form 47 (Record of Induction) shows his original SSN was marked through and he was assigned a temporary identification number (TIN) of 
9xx-xx-xxxx.

3.  The documents in his military personnel records consistently show his TIN throughout his tenure on active duty.

4.  The applicant provided a copy of his U.S. Government Motor Vehicle Operator's Identification Card, Geneva Convention Identification Card, and award certificate for the Army Commendation Medal (Third Oak Leaf Cluster) which all show his TIN.  

5.  He was released from active duty on 9 May 1971.  Item 3 (SSN) on his DD Form 214 shows his TIN.  

6.  He provided a statement from his spouse.  She stated she applied for VA medical benefits for the applicant because he became disabled in January 2011.  They need assistance from the VA because their only income for this year (2011) had been the applicant's paycheck for 2 weeks in January and her social security check.  

7.  He provided a copy of his social security card which shows his SSN as 
4xx-xx-xxxx which is different from the SSN recorded throughout his military records.  



8.  Army Regulation 600-2 (Name and Birth Data, SSN, and TIN), version 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’s contention that the SSN that he now uses does not match the SSN that is recorded on his DD Form 214 is acknowledged.  Although the applicant's social security card shows the SSN of 4xx-xx-xxxx, it appears he did not have confirmation of this information when he processed for induction or during his military service.  All available service records show he served on and was released from active duty using a TIN of 9xx-xx-xxxx.

2.  For historical purposes, the Army has an interest in maintaining the integrity 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 have the SSN that he now uses recorded 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 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 records and will satisfy his desire to have the SSN that he now uses documented in his OMPF.

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)                                         AR20110010754





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ABCMR Record of Proceedings (cont)                                         AR20110010754



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