IN THE CASE OF:	  

		BOARD DATE:	  24 May 2012

		DOCKET NUMBER:  AR20110021512


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 correct social security number (SSN).

2.  The applicant states he did not have an SSN when he enlisted.  When he separated from service, his service number (SN) was erroneously entered into the block where his SSN should have been entered.  He concludes by stating he needs a corrected DD Form 214.  

3.  The applicant provides his DD Form 214 and a photocopy of his social security card.

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. Armed Forces was still in the process of transitioning from the SN to the SSN at the time of the applicant's enlistment processing.

3.  He enlisted in the Regular Army on 12 October 1972.  Item 1 (SSN) of his DD Form 4 contains a handwritten pencil entry that shows his SSN as "909-00-xxxx"; however, this SSN is crossed out and another handwritten entry appears above it that reads "266-xx-xxxx."  It is unclear who made the second handwritten entry as there are no initials identified.

4.  On 12 October 1972, the Armed Forces Examining and Entrance Station, Jacksonville, FL, published Special Orders Number 207, which ordered his enlistment and specified his active duty commitment, assignments, and other enlistment instructions.  The orders listed his SSN as "909-00-xxxx."  

5.  On 24 November 1972, he was honorably discharged from the Army.  Item    3 (SSN) of the DD Form 214 he was issued shows his SSN as "909-00-xxxx."

6.  He provides a social security card that shows his name and a different SSN (the same SSN later added to his DD Form 4) than that shown on his DD Form 214.

7.  Army Regulation 600-2 (Name and Birth Data, Social Security Account, and Temporary Identification Number (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 SSN.  The number "9" was designated as the first number of the 9-digit TIN.

   b. The TIN will be entered in pencil on AFEES records in those items reserved for recording the SSN at the time of pre-enlistment or pre-induction processing.  Upon receipt of an SSN card by the individual prior to his entrance into the active Army, the pencil entry of the TIN will be replaced by permanent entry of the SSN.

   c. Where the individual comes on active duty without an SSN, the TIN will be entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN entry will be lined out and the SSN entered.

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

9.  Army Regulation 635-5 (Personnel Separations - 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 their military service at the time of separation.  It states for that for item 3, the individual’s SN or SSN is entered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his SSN.

2.  The applicant did not have an SSN when he was enlisted in the Regular Army; thus, he was issued a TIN.  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 before he was separated.  He was identified with this TIN throughout his service and it was recorded on his DD Form 214 when he separated.  It appears that at a later date, after he received his SSN card, his original DD Form 4 was corrected to show his SSN. 

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data 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.  In this case, based on the evidence of record and the evidence he submitted, it would be appropriate to correct his DD Form 214 to show his SSN.  

4.  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 his corrected DD Form 4.  







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 is 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 amending item 30 of his DD Form 214 to add the SSN as shown on his DD Form 4, dated 12 October 1972.

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 amending item 3 of his DD Form 214 to delete his TIN and show his SSN.





      _______ _   _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)                                         AR20110023683



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ABCMR Record of Proceedings (cont)                                         AR20110021512



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