IN THE CASE OF:	   

		BOARD DATE:	  15 August 2013

		DOCKET NUMBER:  AR20130000080 


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 "417-XX-XXXX."

2.  The applicant states his correct SSN is "417-XX-XXXX."  He states the correction is required in order for him to apply for benefits.

3.  The applicant provides copies of his social security card, two certificates, and DD Form 214.

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's DD Form 47 (Record of Induction) shows he was inducted into the Army of the United States on 23 January 1970.  Item 2 (Service Number) shows the entry "901 XX XXXX."  The U.S. Armed Forces did not consistently use the SSN for identification at the time of the applicant's induction because many individuals did not have SSN's.

3.  The applicant's DA Form 873 (Certificate of Clearance and/or Security Determination) shows a background investigation pertaining to him was completed in July 1970.  This form shows his SSN as "417-XX-XXXX."

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 30 December 1971 and transferred to the U.S. Army Reserve Control Group (Annual Training).  Item 3 (SSN) shows the entry "907-XX-XXXX."

5.  The applicant provides the following documents:

	a.  his social security card issued on 6 September 2012 showing his SSN as "417-XX-XXXX";

	b.  a DA Form 3522 (Certificate of Appreciation), dated 30 December 1971, issued in recognition of his faithful performance of duty in active service showing his SSN as "907-XX-XXXX"; and

	c.  a DD Form 256A (Honorable Discharge Certificate) showing he was honorably discharged from the U.S. Army on 1 January 1976 and showing his SSN as "417-XX-XXXX."

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.

	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 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 SSN's beginning with 800-999 are not valid SSN's; no numbers above 799 have ever been issued.

8.  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.

	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), in effect at the time, contained guidance for preparation of the DD Form 214.  It stated that all available records would be used as a basis for preparation of the DD Form 214, including the Enlisted Qualification Record and orders.  The instructions for item 3 stated 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 "417-XX-XXXX."

2.  The evidence of record shows that either a TIN or an invalid SSN was used throughout the majority of the applicant's military service.  At some point in time during his military service, his correct SSN was recorded in his military service records.  However, upon his release from active duty, his TIN was recorded in item 3 of his DD Form 214 instead of his SSN.

3.  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 currently cannot be located) that employ his originally-issued TIN.  However, based on the evidence of record, it would be appropriate to correct the applicant's DD Form 214 to show his proper SSN.

4.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as "417-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 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)                                         AR20130000080



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ABCMR Record of Proceedings (cont)                                         AR20130000080



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