IN THE CASE OF:
BOARD DATE: 20 May 2014
DOCKET NUMBER: AR20130016560
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 his social security number (SSN) as 584-XX-XXXX instead of 973-XX-XXXX.
2. The applicant states the SSN shown on his DD Form 214 is not correct. He was assigned SSN 973-XX-XXXX when he enlisted, but he already had an SSN.
3. The applicant provides a copy of his 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 enlisted in the Regular Army on 30 December 1970. 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.
3. The only SSN shown in his records is 973-XX-XXXX.
4. He was released from active duty on 19 December 1972. Item 3 (SSN) of his DD Form 214 shows his SSN as 973-XX-XXXX.
5. He provided his social security card that shows his SSN as 584-XX-XXXX.
6. Army Regulation 600-2 (Name and Birth Data, SSAN, and Temporary Identification Number (TIN)), effective 1 July 1969, announced the use of the SSN in lieu of military service numbers. A TIN would be issued during the pre-enlistment processing for entrance into the active Army to those individuals who did not have an SSN. 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 through and the SSN would be entered in its place.
7. Information available from the Social Security Administration shows that SSN's beginning with the numbers 800-999 are not valid SSN's; no numbers above 799 have ever been issued.
8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established 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 stated to enter the individual's SSN in item 3. Item 30 (Remarks) was used to complete entries too long for their respective blocks. During the early 1970's the instructions for the remarks block stated to transcribe the SSN in the following manner: "SSAN: 000-00-0000."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows 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, his TIN was recorded in item 3 of his DD Form 214 upon his discharge. His SSN was not recorded in the remarks block of his DD Form 214.
2. 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.
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 the entry "SSAN: 584-XX-XXXX [the SSN shown on his social security card]" to item 30 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) AR20130010090
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130016560
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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