IN THE CASE OF:	  

		BOARD DATE:	  20 December 2011

		DOCKET NUMBER:  AR20110011726 


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 "2XX-XX-XX73."

2.  The applicant states, in effect, the SSN recorded on his DD Form 214 is a temporary identification number (TIN) that was issued to him by the U.S. Army.

3.  The applicant provides a copy of his social security card and 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, 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 U.S. Army was transitioning from the Army service number (SN) to the individual's SSN at the time of the applicant's enlistment processing.
3.  A DD Form 398 (Statement of Personal History), dated 25 May 1970, completed by the applicant upon his entry into the U.S. Armed Forces shows in:

	a.  item 8 (Military Service – Grade and SN/Social Security Account Number (SSAN)) "E-1  9XX-XX-XX40" and

	b.  item 13 (Employment – SSN) no entry.

4.  A DD Form 4 (Enlistment Contract – Armed Forces of the United States) shows the applicant enlisted in the Regular Army on 25 June 1970.  Item 1 (SN/SSAN) shows "9XXXXXX40."

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 1 (Name and SN) "9XX XX XX40."

6.  The applicant's DD Form 214 shows he entered active duty on 25 June 1970 and he was honorably discharged on 26 May 1971 based on hardship.  He completed 10 months and 29 days of net active service.

	a.  Item 3 (SSN) shows "9XX XX XX40."

	b.  Item 30 (Remarks) does not show a reference to his SSAN.

7.  The applicant provides a copy of his social security card that shows his SSN as "2XX-XX-XX73."

8.  Army Regulation 600-8 (Name and Birth Data, SSAN, and TIN), in effect at the time, prescribes the procedures used for recording, issuing or changing personnel information normally used as a means of identification.

	a.  Chapter 4 (TIN) prescribes 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 SSAN.  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 SSAN, the TIN was to be lined-out and the SSAN entered on all records.

9.  Information available from the Social Security Administration shows that SSN's beginning with 800-999 are not valid SSN's; no numbers above 799 have ever been issued.

10.  Army Regulation 635-5 (Separation Documents) prescribes policies and procedures regarding separation documents.  It also establishes standardized policy for preparing and distributing the DD Form 214. The purpose of a separation document is to provide the individual with evidence of his or her military service at the time of separation.  It shows for:

	a.  item 3, enter the individual’s SN or SSAN and

	b.  item 30 is used to complete entries too long for their respective blocks.  During the Vietnam era, instructions for the "Remarks" section included, "transcribe SSAN in the following manner:  'SSAN 000-00-0000.'"

DISCUSSION AND CONCLUSIONS:

1.  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 discharge his TIN was recorded in item 3 of his DD Form 214 as "9XX-XX-XX40"; however, his SSN was not recorded on the DD Form 214.

2.  It is impractical 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 identification number.

3.  Therefore, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.

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 issuing a DD Form 215 (Correction to DD Form 214) that adds the entry:  
"SSAN:  XXX-XX-XXXX" (i.e., the number shown on his social security card that he 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)                                         AR20110011726



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ABCMR Record of Proceedings (cont)                                         AR20110011726



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