IN THE CASE OF:	  

		BOARD DATE:	  20 September 2012

		DOCKET NUMBER:  AR20120006476 


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 (SNN) as "XXX-XX-6227" vice "9XX-XX-4329."

2.  The applicant states he believes the number listed on his DD Form 214 may have been his service number (SN) and not his SSN.  He needs this corrected quickly so he can receive benefits from the Department of Veterans Affairs.

3.  The applicant provides his DD Form 214, birth certificate, driver's license, social security card, and Honorable Discharge Certificate.

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.  In conjunction with the applicant's enlistment in the Regular Army (RA), he completed a DD Form 398 (Statement of Personal History) on 12 July 1972 wherein he listed his SSN as "XXX-XX-6227."  He authenticated this form by placing his signature in the appropriate block on that date.

3.  His records show he enlisted in the RA on 21 July 1972 and he held military occupational specialty 36K (Field Wireman).

4.  His records contain a DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 21 July 1972, wherein his SSN is typed in block 1 (SN/SSN) of this form as "9XXXX4329."  A second copy of this same form is also in his records wherein the typed SN/SSN was lined through and the SSN 
"XXX-XX-6227" was handwritten above it.

5.  His Standard Form 93 (Report of Medical History), dated 21 July 1972, shows his SSN as "XXX-XX-6227."

6.  His Standard Form 88 (Report of Medical Examination), dated 21 July 1972, shows his SSN as "XXX-XX-6227."

7.  His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows his SN or SSN as "9XX-XX-4329."  He authenticated this form by placing his signature in the appropriate block on 27 July 1972 and reviewing this document on 28 January 1974.

8.  His record contains numerous personnel, finance, medical, and legal documents, including several award and assignment orders that all show his SSN as "9XX-XX-4329."  He authenticated many of these forms by placing his signature in the appropriate block.

9.  He was honorably released from active duty on 19 July 1974 and transferred to the U.S. Army Reserve.  He completed 1 year, 11 months, and 29 days of net active service.

10.  Item 3 (SSN) of his DD Form 214 shows his SSN as "9XX-XX-4329."

11.  The applicant provides his social security card showing his SSN as 
"XXX-XX-6227."

12.  Army Regulation 600-2 (Name and Birth Data, Social Security Account, and Temporary Identification Number (TIN)), in effect at the time, prescribed the procedures used for recording, issuing, or changing personnel information normally used as a means of identification.

	a.  Chapter 4 (TIN) prescribed 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 would 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 a social security card by the individual prior to entrance into the active Army, the TIN pencil entry would be replaced by permanent SSN entry.

	b.  When an individual entered active duty without an SSN, the TIN would 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.

13.  Information available from the Social Security Administration shows that SSN's beginning with 800-999 are not valid SSN's; no numbers above 799 have ever been issued.

14.  Army Regulation 635-5 (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 evidence of record shows the applicant listed his SSN as "XXX-XX-6227" upon his enlistment in the RA.  He would have been required to apply for a social security card at the time of his enlistment.  It appears an error occurred when his SSN was typed on his DD Form 4.  This SSN appears to have been a TIN.  It also appears that the typed TIN was lined through when he received his social security card and the SSN "XXX-XX-6227" was recorded on his DD Form 4.

2.  Unfortunately, the correction of his SSN was not annotated on all copies of his DD Form 4 and his SN or SSN was listed as "9XX-XX-4329" on his DA Form 20.  His SSN continued to be listed as "9XX-XX-4329" on numerous documents throughout his period of active service.  This error was compounded when his DD Form 214 was prepared with his SSN listed as "9XX-XX-4329."  Therefore, he is entitled to the requested relief.



BOARD VOTE:

____x___  ____x___  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 3 of his DD Form 214 and replacing it with the SSN as it is 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)                                         AR20120006476



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006476



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1