BOARD DATE: 14 May 2013
DOCKET NUMBER: AR20120019110
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 item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN instead of his temporary identification number (TIN).
2. The applicant states at the time of enlistment he did not have a Social Security Card; therefore, he was issued a TIN.
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 applicant was enlisted in the Regular Army (RA) on 21 October 1969. At the time of his enlistment he was issued a TIN.
3. On 29 October 1969, the applicant completed a DD Form 398 (Statement of Personal History) which lists his SSN as it is listed on the Social Security Card he provides.
4. The TIN the applicant was issued at the time of enlistment processing is shown on every document contained in his Army Military Human Resource Record (previously known as the official military personnel file) requiring the use of his SSN.
5. On 23 September 1971, the applicant was honorably released from active duty as an overseas returnee. Item 3 on his DD Form 214 shows the TIN issued to him at the time of enlistment in the RA.
6. On 12 May 1972 the U.S. Army Reserve Components (USAR) Personnel and Administration Center, St. Louis, Missouri, notified the applicant that in accordance with a directive from the Office of the Secretary of Defense, the SSN replaced the military service number effective 1 July 1969.
7. The applicant enlisted in the USAR on 21 October 1975, using the SSN shown on the Social Security Card he provided and the DD Form 398 he completed during his period of enlistment in the RA.
8. He was honorably discharged from the USAR on 23 November 1976, his discharge orders show the SSN that is shown on the Social Security Card he provided.
9. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and TIN), effective 1 July 1969, announced the use of the SSN in lieu of military service numbers. A TIN would be issued during 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 trough and the SSN would be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. The evidence of record shows he completed a DD Form 398 on 29 October 1969 which shows the SSN listed on his Social Security Card. However, he acknowledged he did not have his Social Security Card with him when he enlisted. Since the TIN was used on every other document in his records, it appears he never provided the Army with his Social Security Card until he later also enlisted in the USAR.
3. It appears that item 3 of his DD Form 214 is correct. However, it would be appropriate to now enter his SSN in the Remarks section of his DD Form 214.
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 the Remarks section of his DD Form 214 to add his SSN as it is shown on his Social Security Card.
2. The Board further determined that the evidence presented was 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 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) AR20120019110
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