IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011477 


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 4XX-XX-XX39 instead of 9XX-00-XX29.

2.  The applicant does not offer any statement.

3.  The applicant provides:

* driver's license
* social security card
* letter from the Social Security Administration (SSA)
* letter from the Anoka County Veteran Services Office

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 9 November 1970 for a period of 2 years.  He completed training and was awarded military occupational specialty 68G (Airframe Repairman).  The highest rank/grade he attained while on active duty was specialist four/E-4.

3.  A review of documents contained in his official military personnel file (OMPF) shows his SSN as 9XX-00-XX29 throughout his tenure of service.  These documents include:

* Standard Forms 88 (Report of Medical Examination) signed by the applicant, dated 9 September 1970 
* a DD Form 4 (Enlistment Contract – Armed Forces of the United States) signed by the applicant, dated 9 November 1970
* a DA Form 428 (Application for Identification Card) signed by the applicant, dated 9 November 1970
* DA Form 20 (Enlisted Qualification Record) signed by the applicant, dated 17 November 1970
* DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration) signed by the applicant, dated 7 April 1972
* Special Orders Number 97 issued by Headquarters, U.S. Army Training Center, Fort Lewis, WA, dated 6 April 1972 (release from active duty (REFRAD) orders)

4.  On 7 April 1972, the applicant was honorably REFRAD at the expiration of his term of service and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed 1 year, 4 months, and 29 days of total active service.  The DD Form 214 he was issued shows his SSN as 9XX-00-XX29.

5.  There is no evidence of record and the applicant did not provide any evidence that shows he raised the issue of an incorrect SSN at any time during his active service.

6.  The applicant provides a copy of his driver's license, social security card, and a letter from the SSA all bearing his name and an SSN of 4XX-XX-XX39.  He also provides a copy of his DD Form 214 and a letter from the Anoka County Veteran Services Office.

7.  Army Regulation 600-8 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), in effect at the time, prescribed the procedures used for recording, issuing, or changing personnel information normally used as a means of identification.

	a.  Chapter 4 (TIN) prescribed the procedures for issuing a TIN as a means of personnel identification for those individuals being processed for military service who did not have an SSN.  The number "9" was designated as the first number of the 9-digit TIN.

	b.  The TIN was entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN was to be lined-out and the SSN entered on all records.

8.  Information available from the SSA shows that SSN's beginning with 800-999 are not valid SSNs; no numbers above 799 have ever been issued.

9.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active duty military service or control of the Army.  This regulation establishes standardized policy for the preparation of the DD Form 214.  At the time of the applicant's REFRAD, it stated the complete name and SSN of the separating service member would be entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to have his DD Form 214 corrected to show his SSN as 4XX-XX-XX39 was carefully considered.

2.  The evidence of record shows his SSN consistently appeared as 
9XX-00-XX29 on every document in his personnel records throughout his service.  He authenticated several of these documents by placing his signature in the appropriate blocks.

3.  The evidence of record shows that either a TIN or an invalid SSN was used throughout the applicant's military service.  As a result, upon his REFRAD his SSN recorded on his DD Form 214 as 9XX-00-XX29.

4.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time his service records were created.

5.  Although the applicant provides a letter from the SSA showing his true SSN, it is impractical, if not impossible, to change all of the applicant's records to reflect his true SSN since this runs the risk of losing or misidentifying documents that employ his original constructed TIN.

6.  However, based on the evidence of record, it would be appropriate to correct the applicant's DD Form 214 to show his correct SSN in item 30 (Remarks).

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 adding the entry "4XX-XX-XX39" as shown on the SSA documents the applicant provides to item 30 of his DD Form 214.



      ______________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)                                         AR20110011477



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ABCMR Record of Proceedings (cont)                                         AR20110011477



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