IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120000649
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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states his SSN is incorrectly shown on his DD Form 214 due to a clerical error. He is applying for benefits and the error on his SSN causes a lot of the confusion.
3. The applicant provides copies of his DD Form 214 and 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 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 applicants military records show he enlisted in the Regular Army on 20 August 1969.
3. His record contains:
a. DD Form 398 (Statement of Personal History), dated 20 August 1969, which does not indicate an SSN;
b. DD Form 4 (Enlistment Record Armed Forces of the United States) which does not indicate an SSN on the form; however, it appears he was issued a temporary identification number (TIN) that looked like an SSN. This form indicates his service number as the same number as that shown for his SSN (i.e., the TIN) on his DD Form 214; and
c. DA Form 20 (Enlisted Qualification Record), dated 30 January 1970, which indicates the same SSN (i.e., the TIN) as that shown on his DD Form 214.
4. He was honorably released from active duty on 24 March 1971, as an overseas returnee, and was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training). His DD Form 214 lists the SSN he used throughout his period of military service.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. This regulation established standardized policy for preparation of the DD Form 214. At the time of the applicant's separation, the instructions stated to verify the accuracy of the Soldier's SSN with the SSN of record.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows at the time of the applicant's enlistment he was issued a TIN. At the time of his release from active duty the TIN was listed on his DD Form 214 as the TIN he served under and it is properly listed on his DD Form 214. This number is a totally different number than that listed on the SSN card he submitted with his application.
2. The evidence of record confirms the TIN/SSN shown on all documents contained in his official military personnel file was recognized by the Army and he served with that number until the time of his transfer to the USAR to complete his Reserve obligation.
3. While his desire to have his records changed is understandable there is no basis for compromising the integrity of the Army's records. However, as a matter of equity in this case, Item 18 (Remarks) of his DD Form 214 should be amended to include the entry, "SSN xxx-xx-xxxx, and list the SSN shown his social security card.
4. In view of the foregoing his 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 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 to Item 18 of the applicant's DD Form 214 the entry "SSN xxx-xx-xxxx and listing the social security number 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 deleting from Item 3 of the applicant's DD Form 214 ending on 18 April 1967 the current entry and replacing it with the social security number as shown on his social security card.
_______ _ __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) AR20120000649
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ABCMR Record of Proceedings (cont) AR20120000649
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