IN THE CASE OF:
BOARD DATE: 17 May 2012
DOCKET NUMBER: AR20110023597
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 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 beginning with 961 as shown on his DD Form 214 is incorrect. The correct number begins with 438 as shown on his social security card. When he was inducted, he did not have his social security card with him, and the Army assigned him a number.
3. He provides his social security card and 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 24 February 1971.
3. The DD Form 47 (Record of Induction) completed during his induction processing shows in:
* item 1 (Last Name - First Name - Middle Name), below his name the lined-through SSN beginning with 438
* item 2 (Service Number), the number beginning with 961
4. On 17 February 1971, during his induction processing, he completed a DD Form 398 (Statement of Personal History). Item 13 included a block for the SSN, in which he entered the SSN beginning with 438.
5. A Standard Form 88 (Report of Medical Examination) completed during his separation processing, dated 3 October 1972, shows in item 3 (Identification Number) the number beginning with 438.
6. On 22 December 1972, he was honorably released from active duty and he was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). Item 3 (SSN) of his DD Form 214 shows the number beginning with 961.
7. His record includes a computer printout entitled "OCR Image - Enlisted Full Record," dated 26 March 1973 that shows the SSN beginning with 438.
8. On 23 February 1977, he was honorably discharged from the USAR. The orders discharging him show his SSN beginning with 438.
9. He provides a social security card showing his SSN beginning with 438.
10. 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.
DISCUSSION AND CONCLUSIONS:
1. It appears that when the applicant was inducted into the Army of the United States, his social security card was not available for verification of his SSN. In accordance with regulations in effect at the time, he was issued a TIN. For reasons not shown in the available records, during his active duty service his record was not updated to replace his TIN with his SSN. As a result, item 3 of his DD Form 214 properly shows his TIN. As such, he is not entitled to correction of this item.
2. However, in view of the available evidence, it would be appropriate to add an entry to item 30 of his DD Form 214 showing the SSN on his social security card.
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 an entry to item 30 of his DD Form 214 showing the SSN as shown on his social security card.
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 correcting item 3 of his DD Form 214.
___________c____________
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) AR20110023597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110023597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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