IN THE CASE OF:	  

		BOARD DATE:	  7 February 2012

		DOCKET NUMBER:  AR20110015992 


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, in effect, 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 "263-XX-XXXX" instead of his temporary identification number (TIN) of "939-XX-XXXX."

2.  The applicant states he failed to provide his original social security card upon being drafted; therefore, the Army assigned him a temporary SSN [further referred to as a TIN].  He contends that prior to his entry in the Army he used his original SSN for tax purposes and continued to do so while serving in the Army.  His local social security office has informed him the TIN of "939-XX-XXXX" listed on his DD Form 214 does not exist and this confusion has prevented him from applying for veterans' benefits.

3.  The applicant provides:

* DD Form 214
* social security card
* Social Security Administration SSN Printout

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.  On 8 October 1970, the applicant was inducted into the Army of the United States.  His DA Form 47 (Record of Induction) includes the following entries in item 2 (Service Number) – typewritten as "939 XX XXXX" and handwritten as "263-XX-XXX."

3.  His DA Form 20 (Enlisted Qualification Record) and his Military Personnel Record Jacket show both his SSN and TIN.

4.  A review of his military personnel records shows that with the exception of the documents previously mentioned, all other documents on file in his official military personnel file (OMPF) list his TIN as his SSN.  Included in the documents showing his TIN as his SSN are the following documents authenticated with his signature just prior to his release from active duty:

* DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), dated 14 April 1972
* DA Form 1811 (Physical and Mental Status on Release from Active Service), dated 14 April 1972

5.  On 14 April 1972, he was honorably released from active duty and transferred to the U.S. Army Reserve.  Item 3 (SSN) of his DD Form 214 shows 
"939-XX-XXXX."

6.  The applicant provides copies of his social security card and an SSN Printout from the Social Security Administration, dated 11 July 2011, verifying his SSN as "263-XX-XXXX."

7.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number (SSAN), and 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 in 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.  The applicant requests correction of his DD Form 214 to show his SSN as "263-XX-XXXX" as shown on his social security card and verified by the Social Security Administration.

2.  By his own admission, he 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.  The evidence shows that although a few documents list both his TIN and SSN, the majority of the documents found in his OMPF list his TIN as his SSN.  Further, he authenticated documents just prior to his release from active duty using his TIN as his SSN.

3.  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.  While it is understandable he desires to now record his SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  Therefore, his DD Form 214 accurately shows the TIN that was used to identify him during his active service.

4.  The applicant is advised that a copy of this decisional document which confirms his correct SSN will be filed in his 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 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)                                         AR20110015992



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110015992



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1