IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130016188 


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 a different social security number (SSN) than the one shown.

2.  He states when he entered the military, the wrong SSN was entered on his military documents.

3.  The applicant provides his DD Form 214 and Social Security and Texas Identification cards.

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 military records are not available to the ABCMR for review.  This case is being considered using the DD Form 214 provided by the applicant.

3.  The U.S. Armed Forces was still in the process of transitioning from the service number (SN) to the SSN at the time of the applicant's enlistment in the Regular Army (RA).

4.  Records available to the Board show the applicant enlisted in the RA on 
29 June 1973.  He was honorably discharged from active duty on 20 September 1973 and credited with completing 2 months and 22 days of active duty service.

5.  Item 3 (SSN) of his DD Form 214 shows his SSN as "959-XX-XXXX."

6.  He provided his social security card which shows his SSN as "4XX-XX-4943."

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 permanent entry of the SSN.

	c.  Where the individual comes on 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 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.  It states for item 3, the individual's SN or SSN is entered.

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 RA in June 1973; thus, he was issued a TIN.  He would have been required to apply for a social security card at the time of his enlistment.  Apparently he did not receive his social security card before he was separated in September 1973.  It appears he was identified with this TIN throughout his service and it was recorded on his DD Form 214 when he separated.  It also appears that he received his social security card at a later date which confirms his SSN as "4XX-XX-4943."

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, based on the evidence of record and the evidence he submitted, it would be appropriate to correct his DD Form 214 to show his SSN.

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

2.  The Board further determined the evidence presented is 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 amending item 3 of his DD Form 214 to delete his TIN and show his SSN.



      ___________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)                                         AR20130016188





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ABCMR Record of Proceedings (cont)                                         AR20130016188



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