IN THE CASE OF:	  

		BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130010090 


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 (Report of Separation and Record of Service) to show his social security number (SSN) as "431-xx-xxxx" instead of "905-xx-xxxx."

2.  The applicant states the current SSN shown on his DD Form 214 prevents him from receiving benefits. 

3.  The applicant provides his DD Form 214, a copy of a social security card, and a copy of an identification 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 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.  In connection with his enlistment in the Regular Army (RA), the applicant completed a DD Form 398 (Statement of Personal History) but he did not list an SSN.  

3.  He enlisted in the RA on 7 June 1974.  Item 1 (SSN) of his DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his SSN as "905-xx-xxxx."  

4.  All documents in his service record contain the SSN "905-xx-xxxx" including his enlistment and discharge orders; DA Form 2-1 (Personnel Qualification Record), Servicemen's Group Life Insurance Election, and a complete separation packet with allied documents. 

5.  He was discharged from active duty on 4 May 1976.  Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "905-xx-xxxx."

6.  He provides a social security card that shows his name and a completely different SSN (431-xx-xxxx) than that shown on his DD Form 214.  He also provides a state identification card listing a name similar to his.

7.  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 personal 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.  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.

8.  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.

9.  Army Regulation 635-5 (Personnel Separations - 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 their military service at the time of separation.  It states for item 3, enter the individual’s SSAN, and for item 27 (Remarks), this section is 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 enlistment in the Regular Army.  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 "905-xx-xxxx"; 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:

___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 adding to item 27 of his DD Form 214 the entry:  "SSAN:  xxx-xx-xxxx" (i.e., the number as shown on the social security card that he provides).



      ___________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)                                         AR20130010090





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ABCMR Record of Proceedings (cont)                                         AR20130010090



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