IN THE CASE OF:	  

		BOARD DATE:	  3 January 2013

		DOCKET NUMBER:  AR20120010621 


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 social security number (SSN) as "420-XX-XXXX" instead of "901-XX-XXXX."

2.  The applicant states he has always known there was an incorrect SSN recorded in his military service records.  However, he didn't realize the number recorded on his DD Form 214 wasn't a service number (SN) because he was issued an SN when he entered the Army.  He adds that it will affect his social security benefits if he doesn't get the error corrected.

3.  The applicant provides a copy of his social security card, statement of earnings, DD Form 4 (Enlistment Contract – Armed Forces of the United States) with associated enlistment documents and orders, and DA Form 20 (Enlisted Qualification Record).

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.  A DD Form 398 (Statement of Personal History) prepared by the applicant on 14 April 1970 shows he entered his SSN as "420-XX-XXXX."

3.  The applicant enlisted in the Regular Army on 14 April 1970 for a period of 3 years.

4.  His DD Form 4, enlistment orders, Armed Forces Fingerprint Card, DA Form 428 (Application for Identification Card), and DA Form 20 that were completed on the occasion of his enlistment, all show his SSN as 
"901-XX-XXXX."

5.  The applicant's DD Form 214 shows he was discharged under honorable conditions on 13 June 1972.  He completed 10 months and 19 days of total active service.  It also shows the entry "901-XX-XXXX" in item 3 (SSN).

6.  The applicant provides a copy of his social security card that shows his SSN as "420-XX-XXXX."  He also provides a copy of an itemized statement of earnings for SSN "420-XX-XXXX" (pages 1, 5, 6, and 7).  However, it does not contain information for the years 1969 through 1972.  It appears this information would have been reflected on pages 2 through 4.

7.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and Temporary Identification Number (TIN)), 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 SSN would be entered.

8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It established standardized policy for preparing and distributing the DD Form 214.

	a.  The purpose of a separation document is to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important that the information entered thereon is complete and accurate as of that date.

	b.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance for preparation of the DD Form 214.  It states that all available records will be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  The instructions for item 3 state to transcribe the SSN from the DA Form 2139 (Military Pay Voucher).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his SSN as "420-XX-XXXX."

2.  Records show the applicant indicated his SSN was "420-XX-XXXX" upon processing for enlistment in the Regular Army.  However, it appears that a TIN was assigned to the applicant and recorded in his military service records, including his DD Form 214 when he was discharged from the U.S. Army.

3.  Thus, the evidence of record supports the applicant's contention that an incorrect SSN was associated with his military records and his correct SSN was recorded in his military records upon his entry on active duty.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as 
"420-XX-XXXX."


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 shown on his DD Form 398.



      _____________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)                                         AR20120005198



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ABCMR Record of Proceedings (cont)                                         AR20120010621



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