IN THE CASE OF:
BOARD DATE: 13 November 2014
DOCKET NUMBER: AR20140006001
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 shown on his Social Security Administration SSN Printout.
2. The applicant states the SSN recorded on his DD Form 214 is incorrect.
3. The applicant provides:
* DD Form 214
* Social Security Administration SSN Printout, dated 24 March 2014
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 12 March 1970. His induction record shows his SSN as 926-XX-XXXX.
3. His records contain the following documents that show his SSN as
473-XX-XXXX:
* DA Form 3327 (Individual Organizational Clothing and Equipment Record), dated 6 March 1970
* DA Form 428 (Application for Identification Card), dated 13 March 1970
* DD Form 1584 (National Agency Check Request), dated 17 March 1970
* Male Clothing Inspection Work Sheet, dated 18 April 1970
* Standard Form 88 (Report of Medical Examination), dated 21 April 1970
4. On 8 June 1970, he was honorably discharged by reason of physical disability.
5. Item 3 (SSN) of his DD Form 214 shows his SSN as 926-XX-XXXX.
6. He provided a Social Security Administration SSN Printout, dated 24 March 2014, that shows his SSN as 473-XX-XXXX.
7. The U.S. Armed Forces was still in the process of transitioning from the service number to the SSN as a means of identification at the time of the applicant's induction into the Regular Army.
8. Army Regulation 600-2 (Name and Birth Data, Social Security Account, and Temporary Identification Number), 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 a permanent entry of the SSN.
c. Where the individual enters 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.
9. Information available from the Social Security Administration shows that SSN's beginning with numbers 800-999 are not valid SSN's; no numbers above 799 have ever been issued.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his SSN is incorrect on his DD Form 214 appears to have merit.
2. It appears that he did not have an SSN or his social security card when he was inducted in March 1970; thus, he was issued a TIN. He would have been required to apply for an SSN at the time of his enlistment. He was identified by his TIN throughout his active duty service and it was recorded on his DD Form 214 when he was released from active duty.
3. It also appears that he was issued a social security card before he was discharged in June 1970 because several service personnel records show his SSN as 473-XX-XXXX. Therefore, it would be appropriate to correct item 3 of his DD Form 214 accordingly.
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
deleting the current entry in item 3 from his DD Form 214 and replacing it with the SSN as shown on his Social Security Administration SSN Printout.
_______ _ 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) AR20140006001
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ABCMR Record of Proceedings (cont) AR20140006001
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