IN THE CASE OF:	  

		BOARD DATE:	  10 July 2012

		DOCKET NUMBER:  AR20120001847 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as shown on his social security card.

2.  He states the SSN shown on his DD Form 214 was actually his service number.

3.  He provides a copy of a social security card and a copy of 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.  The applicant was inducted into the Army of the United States on 20 October 1972.  Item 1 (Last Name-First Name-Middle name) of his DD Form 47, dated 28 August 1972, contains an entry for an SSN that was typewriter struck through with dashes.  The SSN shown on his DD Form 47 is different from the SSN shown on his social security card.  Item 2 (Service Number) contains an entry beginning the number "9."

3.  His official military personnel file (OMPF) contains various personnel documents, including a DA Form 20 (Enlisted Qualification Record); induction, reassignment, award, and separation orders; and a DD Form 1584 (National Agency Check Request) that show his "SSN" beginning with the number "9."  He authenticated several of these documents by placing his signature in the appropriate block.

4.  He was honorably discharged on 23 March 1973.  Item 3 (SSN) of his DD Form 214 shows his "SSN" beginning with the number "9."  He submitted a copy of a social security card that contains his name and an SSN not reflected on any documents in his OMPF.

5.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), version 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 out and the SSAN would be entered.

6.  Army Regulation 635-5 prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part it states that the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was inducted into the Army of the United States on 20 October 1972.  It appears the applicant did not have his SSN card when he enlisted.  As such, he was issued a TIN that he consistently used throughout his entire period of military service.  He did not use the SSN shown on the social security card he provided during the time he served on active duty.

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.  Therefore, the applicant's TIN was properly entered on his DD Form 214 and he is not entitled to have it removed.

3.  However, it is understandable the applicant desires to now record his correct SSN in his military records.  Therefore, in the interest of equity, it would be appropriate to amend item 27 (Remarks) of his DD Form 214 to show his SSN as it appears 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 amending item 27 of his DD Form 214 to show his SSN as it appears 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 replacing the current entry in item 3 of his DD Form 214 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)                                         AR20120001847



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001847



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1