IN THE CASE OF:	  

		BOARD DATE:	  16 August 2012

		DOCKET NUMBER:  AR20120002734 


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 the SSN that was issued to him by the Army is in error and is affecting his entitlement to benefits. 

3.  The applicant provides 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 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 service number (SN) to the SSN at the time of the applicant's induction/enlistment processing.

3.  In connection with his induction into the Army of the United States, he completed a DD Form 398 (Statement of Personal History) wherein he placed the entry "None" in the block titled "Social Security Number."

4.  He was inducted into the Army of the United States on 16 February 1970.  Item 2 (SN) of his DD Form 47 (Record of Induction) listed the entry "917-XX-XXXX." 

5.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "917-XX-XXXX."  However, this SSN contains a line through it and a hand-written entry is made underneath it that shows the SSN "400-XX-XXXX."

6.  His service records contain multiple personnel, legal, medical, and other documents that listed his SSN as "917-XX-XXX."  He authenticated some of these documents, as required by placing his signature where required. 

7.  He was honorably released from active duty on 15 October 1971.  Item 3 (SSN) of his DD Form 214 listed his SSN as "917-XX-XXXX." 

8.  He provides a social security card that shows his name and a different SSN (the number 400-XX-XXXX - the same SSN hand-written on his DA Form 20) than that shown on his DD Form 214.

9.  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 enlistment/induction 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.

10.  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.

11.  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 did not have an SSN when he was inducted into the Army of the United States; thus, he was issued a TIN.  He would have been required to apply for an SSN card at the time of his induction/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.  

2.  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.  

3.  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 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 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 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 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)                                         AR20120002734





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ABCMR Record of Proceedings (cont)                                         AR20120002734



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