IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130016083
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) and his DD Form 215 (Correction to DD Form 214 - Report of Separation from Active Duty) to show his social security number (SSN) with the first three digits as "251" and completely different than the one shown on his DD Form 214 with the first three digits as "867."
2. The applicant states the military gave him an SSN other than his real one and the current SSN shown on his DD Form 214 and DD Form 215 prevents him from receiving Department of Veterans Affairs (VA) benefits or an identification (ID) card.
3. The applicant provides his birth certificate and 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. The applicant was inducted into the Army of the United States on 14 March 1969. His DD Form 47 (Record of Induction), dated 14 March 1969, does not contain an SSN, but it lists his service number (SN) as "US67xxx382.
3. His record contains numerous personnel, legal, and medical documents that all show his SSN with the first three digits as "867" to include his DA Form 20 (Enlisted Qualification Record), DA Form 428 (Application for ID Card), and his discharge packet.
4. He was discharged from active duty on 4 November 1970. Item 3 (SSN) of the DD Form 214 he was issued at the time shows an SSN similar to his SN except for the first digit which is shown as "8" instead of "S."
5. On 10 December 1975, he was issued a DD Form 215 wherein his SSN is shown with the first three digits as "867."
6. He provides a social security card that shows his name and a completely different SSN (251-xx-xxxx) than that shown on his DD Form 214.
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) 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 individuals SSAN, and for item 30 (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 the applicant was assigned an SSN that is similar to his SN, except for the first digit. The first digit of his SSN is "8" and the rest of the digits in his SSN are the same as those contained in his SN. This erroneous SSN appears to have been used throughout his military service. As a result, upon his discharge, this SSN was recorded in item 3 of his DD Form 214 as "867-xx-xxxx." This was clearly an error.
2. It is impractical, if not impossible, to change all of the applicant's records to reflect his true SSN to include his DD Form 215 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 that the evidence presented was 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 30 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) AR20130016083
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130016083
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110011726
A DD Form 398 (Statement of Personal History), dated 25 May 1970, completed by the applicant upon his entry into the U.S. Armed Forces shows in: a. item 8 (Military Service Grade and SN/Social Security Account Number (SSAN)) "E-1 9XX-XX-XX40" and b. item 13 (Employment SSN) no entry. The evidence of record shows that either a TIN or an invalid SSN was used throughout the applicant's military service. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110017685
It states for: a. item 3, enter the individuals SN or SSAN, and b. item 30 (Remarks), this section is used to complete entries too long for their respective blocks. The evidence of record shows that a TIN was used throughout the applicant's military service. However, based on the evidence of record, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2012 | 20120010282
The applicant requests correction of his DD Form 214 (Report of Separation and Record of Service) to show his correct social security number (SSN). As a result, upon his discharge, his TIN was recorded in item 3 of his DD Form 214 as "910-xx-xxxx"; however, his SSN was not recorded on the DD Form 214. 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.
ARMY | BCMR | CY2011 | 20110014114
The evidence of record shows that either a TIN or an invalid SSN was used throughout the applicant's military service. As a result, upon his REFRAD, his TIN was recorded in item 3 of his DD Form 214 as "9XX-00-XX09"; however, his SSN was not recorded on the DD Form 214. However, based on the evidence of record, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN.
ARMY | BCMR | CY2014 | 20140015999
Item 2 (SN) of his DD Form 47 (Record of Induction) listed the entry "907-XX-XXXX." This TIN is used throughout his military service. In this case, based on the evidence of record, it would be appropriate to correct his DD Form 214 to show his SSN.
ARMY | BCMR | CY2014 | 20140017117
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his correct social security number (SSN) as "367-XX-XXXX" instead of "925-XX-XXXX." This TIN was used throughout his military service. In this case, based on the evidence of record, it would be appropriate to correct his DD Form 214 to show his SSN.
ARMY | BCMR | CY2013 | 20130016560
Item 1 (Service Number/Social Security Account Number (SSAN)) of his DD Form 4 (Enlistment Contract Armed Forces of the United States) shows the entry 973-XX-XXXX. The evidence of record shows a TIN was assigned to the applicant upon his enlistment in the Regular Army. Based on the evidence of record and the evidence he submitted, it would be appropriate to correct the applicant's DD Form 214 to show his SSN as shown on his social security card.
ARMY | BCMR | CY2013 | 20130010090
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." 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. 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.
ARMY | BCMR | CY2013 | 20130014197
The applicant states the SSN on his DD Form 214 is not correct; his SSN has a 9 as the second digit and not a 5. Item 3 (SSN) of the DD Form 214 he was issued shows his SSN with the second digit as 5. Therefore, it would be appropriate at this time to correct his DD Form 214 to show his SSN as it is listed on his social security card.
ARMY | BCMR | CY2014 | 20140007504
The applicant requests correction of his DD Form 214 (Report of Separation and Record of Service) to show his social security number (SSN) as "236-XX-XXXX" instead of "968-XX-XXXX." As a result, upon his discharge, his TIN was recorded in item 3 of his DD Form 214 as "968-XX-XXXX"; however, his SSN was not recorded on the DD Form 214. However, based on the evidence of record and the evidence he submitted, it would be appropriate to correct the applicant's DD Form 214 in item 27 only to...