IN THE CASE OF:	  

		BOARD DATE:  5 April 2012

		DOCKET NUMBER:  AR20110020359 


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) with an effective date of 7 June 1972 and reissuance of a 
DD Form 214 with the correct SSN.

2.  The applicant states his correct SSN number is shown on Form SSA-2458 (Report of Confidential Social Security Benefit Information), dated 30 September 2011.  He did not realize there was a problem until he applied for health care benefits from the Department of Veterans Affairs (VA).

3.  The applicant provides:

* Form SSA-2458, dated 30 September 2011
* 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 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.  He enlisted in the Regular Army on 28 March 1972.  Item 1 (Service No./SSAN) of his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) contains a 9-digit number beginning with the number 9 (hereafter referred to as a TIN (temporary identification number)).

3.  All documents in his Military Personnel Records Jacket (MPRJ) identify him using the TIN entered on his DD Form 4.

4.  On 7 June 1972, he was discharged by reason of not meeting medical fitness standards at the time of his enlistment.  Item 3 (Social Security Number) of his DD Form 214 shows the TIN as entered on his DD Form 4.

5.  The Form SSA-2458, issued by the Social Security Administration, he submitted states the 9-digit number shown in item 3 of his DD Form 214 does not exist as an SSN.  His correct SSN is shown on the form.

6.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), 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 through and the SSN would be entered.

7.  Army Regulation 635-5 (Separation Documents), then in effect, stated, in pertinent part, that a DD Form 214 may be reissued only when:

    a.  directed by proper appellate authority, Executive Order, or by the Secretary of the Army;

	b.  it is determined that the corrections to be made will not fit within the correction block of a single DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty);

	c.  two DD Forms 215 have been issued and an additional correction is required; and

	d.  the character of service is to be changed.

DISCUSSION AND CONCLUSIONS:

1.  It appears he did not have his SSN when he was enlisted and he was issued the TIN currently shown on his DD Form 214.  He was identified with this TIN throughout his service.  He would have been required to apply for an SSN card at the time of his enlistment.  Due to the short duration of his service, he apparently did not receive his SSN card while in service and it was never entered into his military records.

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.  

3.  The Form SSA-2458 documents his correct SSN.  Therefore, to clarify any questions or confusion in regard to the difference in the TIN recorded in his military record and his SSN it would be appropriate to add an entry in
item 30 (Remarks) of his DD Form 214 showing his SSN as indicated on the Form SSA-2458.  This amendment does not meet the criteria for the reissuance of a DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X ___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following entry to item 30 of his DD Form 214:

	Social Security Number:  (enter the SSN shown on his Form SSA-2458)

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to changing the entry in item 3 of his DD Form 214 and the reissuance of a new 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)                                         AR20110020359



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ABCMR Record of Proceedings (cont)                                         AR20110020359



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