IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120021453 


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 the social security number (SSN) shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his DD Form 214 erroneously lists his SSN as "9XX-6X-XX82."  He lists his SSN on his application as "5XX-8X-XX85."  He needs the correction in order to apply for benefits and treatment provided by the Department of Veterans Affairs (VA).

3.  The applicant provides:

* DD Form 214
* Social Security Administration Printout
* Two letters from the VA

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 (AUS) on 16 September 1969.  His record contains:

* A DD Form 47 (Record of Induction), dated 16 September 1969, which does not list an SSN; however, the form lists in item 2 (Service Number) the same number listed as his SSN on his DD Form 214
* A DA Form 20 (Enlisted Qualification Record) which lists the same SSN as shown on his DD Form 214
* A DA Form 41 (Record of Emergency Data) which was reviewed by the applicant on 14 August 1975 and lists the same SSN as shown on the Social Security Administration Printout

3.  On 6 July 1971, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training).  Item 3 (SSN) of his DD Form 214 lists his SSN as "9XX-6X-XX82."

4.  His records also contain two USAR honorable discharge orders, dated 23 July and 29 August 1975, which show his SSN as "9XX-6X-XX82" and "5XX-8X-XX85," respectively.

5.  He provides a copy of a Social Security Administration Printout which lists his SSN as "5XX-8X-XX85."  The two letters from the VA do not list his SSN.

6.  Army Regulation 600-8 (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.  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 a SSN.  The number "9" was designated as the first number of the 9-digit TIN.  The TIN was entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN was to be lined-out and the SSN entered on all records.

7.  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.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  It stated for item 3, enter the individual’s SN or SSAN, and for item 30 (Remarks), that section was used to complete entries too long for their respective blocks.  During the early 1970s instructions for the "Remarks" section included, "Transcribe SSAN in the following manner:  ‘SSAN: 000-00-0000’."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that a TIN was assigned to the applicant upon his induction.  This TIN appears to have been used during his military service.  As a result, upon his discharge, his TIN was recorded in item 3 of his DD Form 214 as "9XX-6X-XX82"; however, his SSN was not recorded on the DD Form 214.

2.  It is impractical, if not impossible, to change all of the applicant's records to reflect his true SSN since this runs the risk of losing or misidentifying documents that employ his original constructed identification number.  However, based on the evidence of record and the evidence he submitted, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.  Therefore, in view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 adding to item 30 of his DD Form 214 the entry:  "SSAN:  XXX-XX-XXXX" (i.e., the number as shown on the Social Security Administration Printout).
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 correcting item 3 of his 
DD Form 214 to show the same SSN as shown on the Social Security Administration Printout.



      _______ _   __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)                                         AR20120021453



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ABCMR Record of Proceedings (cont)                                         AR20120021453



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