IN THE CASE OF:
BOARD DATE: 13 December 2011
DOCKET NUMBER: AR20110012585
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. He states the SSN shown on his DD Form 214 was issued by the Army.
3. He provides:
* a Social Security Administration SSN Printout
* his Social Security card
* his Birth Certification card
* his 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 applicants 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 applicants 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 12 August 1970.
3. Item 1 (Last Name - First Name - Middle Name) of the DD Form 47 (Record of Induction) completed during his induction processing shows his name and the entry "SS# 2xx-9x-7xxx," as shown on his Social Security card. Item 2 (Service Number) shows the entry "9xx-0x-2xxx."
4. A review of his record shows he was identified by the number 9xx-0x-2xxx on all documents created during his active duty service.
5. On 18 February 1972, he was honorably released from active duty and he transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. Item 3 (SSN) of the DD Form 214 he was issued at the time shows the entry "9XX-XX-XXXX."
6. On 12 June 1972, the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, MO, notified him that the SSN had replaced the military service number effective 1 July 1969 and that a review of his records failed to reveal his SSN or revealed more than one SSN. He was asked to record his SSN in the blocks provided and to return the letter. The record shows he did so, entering the SSN as shown on the Social Security card he provided.
7. Orders 07-1139681, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, dated
28 July 1976, honorably discharged the applicant from the USAR. The orders show his SSN as shown on his Social Security card.
8. 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 SSAN 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 SSAN. 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 SSAN would be entered.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant did not have his Social Security card for verification when he enlisted; therefore, he was issued a TIN in accordance with the regulation in effect at the time. His DD Form 214 accurately shows the TIN that was used exclusively to identify him during his active service. Although his record was later updated to show his SSN, this update took place after his release from active duty.
2. For historical purposes, the Army has an interest in maintaining the accuracy 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 now record his SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document, which confirms his correct SSN, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the TIN recorded on his DD Form 214 and to satisfy his desire to have his correct SSN 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.
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