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ARMY | BCMR | CY2013 | 20130018567
Original file (20130018567.txt) Auto-classification: Approved

		
		BOARD DATE:	  12 June 2014

		DOCKET NUMBER:  AR20130018567 


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 his correct social security number (SSN), as shown on his social security card, be entered on his DD Form 214 (Report of Separation from Active Duty) with an effective date of 16 September 1974.

2.  The applicant states he did not know his SSN at the time he entered the Army so he was assigned a temporary identification number (TIN).  He used the TIN until he was discharged.

3.  The applicant provides:

* DD Form 214
* social security account number (SSAN) card
* a letter, dated 27 September 2013, from National Personnel Records Center (NPRC), St. Louis, MO

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 24 September 1971, he enlisted in the Regular Army (RA) for 3 years.  At the time of his enlistment he did not have a social security card.  Item 1 (Service No./SSAN) of his DD Form 4 (Enlistment Contract -  Armed Forces of the United States) contains a typewritten number beginning with the numeral "9" that he was assigned at the time of enlistment.  This entry has been lined out with a single line and the SSN that matches the SSN on his social security card is handwritten in.

3.  The TIN was used to identify him throughout his military personnel record.

4.  On 16 September 1974, he was released from active duty.  Item 3 (SSN) of his DD Form 214 shows the TIN he was assigned at the time he enlisted.

5.  The social security card provided by the applicant shows the same SSN that was handwritten on the DD Form 4.

6.  Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and 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.

DISCUSSION AND CONCLUSIONS:

1.  It appears he did not have his SSN when he enlisted in the RA 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.  He stated he used the TIN throughout his period of service.  The DD Form 4 was the only document in the military record that his SSN was annotated on.  

2.  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.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

3.  However, 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 in item 27 (Remarks) of his DD Form 214 showing his SSN as indicated 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 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 entering the SSN that is shown on his social security card in item 27 of his
DD Form 214 with an effective date of 16 September 1974. 



      _______ _ 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)                                         AR20130018567



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ABCMR Record of Proceedings (cont)                                         AR20130018567



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