IN THE CASE OF:	  

		BOARD DATE:	  18 March 2014

		DOCKET NUMBER:  AR20130012793 


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 from Active Duty) to list his current social security number (SSN) as 
"457-XX-XXXX."

2.  The applicant states he was provided a temporary SSN (officially known as the temporary identification number (TIN)).

3.  The applicant provides:

* DD Form 214
* Texas Driver License
* 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 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.  On 3 September 1974, the applicant enlisted in the Regular Army.  He was trained in and awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  His military record contains a:

   a.  DD Form 4 (Enlistment Contract – Armed Forces of the United States) which was completed during his enlistment processing.  Item 1 (Service Number/SSAN) contains the entry "962-XX-XXXX," which is a TIN.

   b.  DA Form 2-1 (Personnel Qualification Record) which was prepared upon his entry on active duty.  Item 2 (SSN) contains the entry "962 XX XXXX."
   
   c.  DA Form 873 (Certificate of Clearance and/or Security Determination) which shows his initial investigation was completed on 7 October 1974.  Part I (Basic Information) includes the entry "962-XX-XXXX" under the heading (Social Security Account Number).
   
4.  A review of his Army Military Human Resource Record (AMHRR) (previously known as the official military personnel file shows the TIN listed on all documents where his SSN was requested.

5.  On 24 April 1975, he was honorably discharged from active duty having completed 6 months and 22 days of creditable active duty service.  Item 3 (SSN) of his DD Form 214 lists the entry "962-XX-XXXX."

6.  The applicant provides copies of his social security card verifying his SSN as "457-XX-XXXX."

7.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number (SSAN), and TIN), effective 1 July 1969, announced the use of the SSAN in lieu of military service numbers.  A TIN would be issued during the pre-enlistment processing for entrance in the active Army to those individuals who did not have an SSAN.  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 out and the SSN would be entered.


DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his current SSN as "457-XX-XXXX" as shown on his social security card.

2.  It appears he did not have an SSN when he enlisted and he was issued the TIN currently shown on his DD Form 214.  He was identified with this TIN throughout his service.  He would have been required to apply for a social security card at the time he enlisted.  Due to the short duration of his period of service, he apparently did not receive his social security card while he was in service and it was never entered into his military records.

3.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable he desires to now record his SSN on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  Therefore, his DD Form 214 accurately shows the TIN that was used to identify him during his active service.

4.  However, to clarify any questions or confusion in regard to the difference in the TIN and SSN recorded in his military record it would be appropriate to add an entry in item 30 (Remarks) of his DD Form 214 showing his SSN as indicated on his social security card.

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 
entering the SSN that is shown on his social security card in item 30 of his DD Form 214.

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 changing item 3 of his DD Form 214.




      _______ _   __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)                                         AR20130012793



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130012793



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1