IN THE CASE OF:	   

		BOARD DATE:	  19 November 2013

		DOCKET NUMBER:  AR20130005720 


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

2.  The applicant states his SSN is incorrect on his DD Form 214.  His correct SSN is 348-XX-XXXX.

3.  The applicant provides:

* Internal Revenue Service Interest Income Tax Form
* 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.  He enlisted in the Regular Army on 22 July 1969 for a period of 2 years.  His enlistment contract shows his SSN as 929-XX-XXXX.  He was honorably released from active duty on 16 March 1971 and transferred to the U.S. Army Reserve (USAR) to complete his remaining service obligation.

3.  Item 3 (SSN) of his DD Form 214 for the period ending 16 March 1971 shows his SSN as 929-XX-XXXX.

4.  His service personnel records show his SSN as 929-XX-XXXX.

5.  He was honorably discharged from the USAR on 1 July 1975 at the expiration of his service obligation.  His discharge orders, dated 25 June 1975, show his SSN as 348-XX-XXXX.

6.  The U.S. Armed Forces was still in the process of transitioning from the service number to the SSN as a means of identification at the time of the applicant's enlistment in the Regular Army.

7.  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 Armed Forces Examining and Entrance Station 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 his entrance into the active Army, the pencil entry of the TIN would be replaced by a permanent entry of the SSN.

	c.  Where the individual enters 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 would be lined out and the SSN would be entered.

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

9.  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 his or her military service at the time of separation.  The regulation in effect at the time stated to enter the individual's service number or SSN in item 3.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his SSN is incorrect on his DD Form 214.

2.  It appears that he did not have an SSN when he enlisted in the Regular Army in 1969; thus, he was issued a TIN.  He would have been required to apply for an SSN at the time of his enlistment.  He was identified by his TIN throughout his active duty service and it was recorded on his DD Form 214 when he was released from active duty.  Apparently he did not receive his social security card before he was separated in 1971 and he received his social security card at a later date.  He was discharged from the USAR in 1975 under the SSN 
348-XX-XXXX.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the record were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  In this case, it would be appropriate to correct his DD Form 214 not by deleting the TIN but by adding his SSN to it based on the evidence of record and the evidence he submitted.

4.  To clarify any questions or confusion regarding to the difference in the TIN recorded in his military records and his SSN, it would be appropriate to add an entry to item 30 (Remarks) of his DD Form 214 showing his SSN as indicated on his USAR discharge orders.

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 amending item 30 of his DD Form 214 to add the SSN as shown on his USAR discharge orders, dated 25 June 1975.




      _______ _   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)                                         AR20130005720



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ABCMR Record of Proceedings (cont)                                         AR20130005720



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