IN THE CASE OF:	

		BOARD DATE:	  22 May 2012

		DOCKET NUMBER:  AR20110023683 


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 reconsideration of his earlier request for correction of his DD Form 214 (Report of Separation from Active Duty) to show the correct social security number (SSN).

2.  The applicant states when he joined the Army, he did not have a social security card; so, the Army issued him a temporary SSN that starts with the number "9."  After he was discharged he went to the Social Security Administration and he was issued a social security card with his originally-issued SSN.  The SSN listed on his DD Form 214 prevents him from receiving benefits. 

3.  The applicant provides:

* DD Form 4 (Enlistment Contract - Armed Forces of the United States)
* DD Form 214
* Social security card
* Department of Veterans Affairs card

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110003744, on 30 August 2011.

2.  The applicant submitted a new argument which was not previously considered by the Board; therefore, it is new evidence that warrants consideration.

3.  The U.S. Armed Forces was still transitioning from the service number (SN) to the individual's SSN at the time of the applicant's enlistment processing.

4.  The applicant enlisted in the Regular Army (RA) on 11 December 1973.  Item 1 (SSN) of his DD Form 4 shows his SSN as "939-xx-xxxx."  However, this SSN is crossed out and a hand-written entry appears above it that reads
"244-xx-xxxx."  It is unclear who made the hand-written entry as there are no initials of the individual who made it.

5.  On 11 December 1973, the Armed Forces Examining and Entrance Station, Charlotte, NC, published Special Orders Number 242 ordering his enlistment and specifying his active duty commitment, assignments, and other enlistment instructions.  The orders listed his SSN as "939-xx-xxxx."  

6.  He was honorably discharged from active duty on 8 May 1974.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "939-xx-xxxx."

7.  He provides a social security card that shows his name and a completely different SSN than that shown on his DD Form 214.

8.  Army Regulation 600-8 (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 was entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN was to be lined-out and the SSN entered on all records.

9.  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.



10.  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. 

11.  The purpose of a separation document is to provide individuals with evidence of their military service at the time of separation.  It states for:

	a.  item 3, enter the individual’s SN or SSN; and

	b.  item 30 (Remarks), this section is used to complete entries too long for their respective blocks.  During the Vietnam era instructions for the "Remarks" section included transcribing the SSN in the following manner:  SSN: 
"000-00-0000."

DISCUSSION AND CONCLUSIONS:

1.  In his original request, the applicant did not explain the reason behind his being issued a TIN; i.e., that he did not have his social security card with him when he enlisted and did not get his social security card until after he was discharged.

2.  The evidence of record shows that a TIN was assigned to the applicant upon enlistment in the RA.  His enlistment contract listed this TIN in item 1 as well as a hand-written entry of the requested SSN.  It is unclear who made this entry or when it was made on the enlistment contract.  Nevertheless, the TIN appears to have been used during his entire period of military service.  As a result, upon discharge, his TIN was recorded in item 3 of his DD Form 214.  His permanent SSN was not recorded on the DD Form 214.

3.  It is impractical, if not impossible, to change all of the applicant's records to reflect his true SSN since this runs the risk of losing or misidentifying documents that employ his original constructed identification number.  However, based on the evidence of record and the evidence he submitted it would be appropriate to correct only the applicant's DD Form 214 to show the requested SSN.  

4.  Therefore, in view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant partial amendment of the ABCMR decision in Docket Number AR20110003744, dated 30 August 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the SSN in item 30 of his DD Form 214 as it is listed on his social security card.

2.  The Board further determined that the evidence presented was 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 his DD Form 214 by replacing his TIN with 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)                                         AR20110023683



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