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ARMY | BCMR | CY2014 | 20140007128
Original file (20140007128.txt) Auto-classification: Denied
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		IN THE CASE OF:	   

		BOARD DATE:	  25 November 2014

		DOCKET NUMBER:  AR20140007128 


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, in effect, that the social security number (SSN) he was issued after his date of discharge be entered on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 21 May 1973.

2.  The applicant states his DD Form 214 reflects the SSN 918-XX-XXXX, which he was given when he joined the military.  He was issued the SSN 564-XX-XXXX after he was discharged.

3.  The applicant provides his DD Form 214 with an effective date of 21 May 1973.

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 6 January 1971, he enlisted in the Regular Army.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 6 January 1971, shows his SSN as 918-XX-XXXX.

3.  A DD Form 369 (Police Record Check), dated 9 January 1971, containing the applicant's fingerprints for submission with a DD Form 1584 (National Agency Check (NAC) Request) shows his SSN as 435-XX-XXXX.

4.  A DD Form 1584 (National Agency Check Request), completed on 
10 February 1971, shows his SSN as 435-XX-XXXX.

5.  On 8 October 1972, he was discharged to immediately reenlist.  His 
DD Form 214 with an effective date of 8 October 1972 and his DD Form 4, dated 9 October 1972, show his SSN as 918-XX-XXXX.

6.  On 21 May 1973, he was discharged.  His DD Form 214 with an effective date of 21 May 1973 shows his SSN as 918-XX-XXXX.

7.  His SSN is shown as 918-XX-XXXX throughout his Military Personnel Records Jacket (MPRJ).

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

DISCUSSION AND CONCLUSIONS:

1.  It appears he did not have his SSN when he enlisted and he was issued the TIN currently shown on his DD Form 214.  He was identified with this TIN throughout his service.  He should have been required to apply for a social security card at the time he enlisted and his SSN was to be recorded in his military records.  However, it appears this never happened. 

2.  The SSN he now claims as his does not match the SSN shown on the 
DD Form 369 and DD Form 1584 in his MPRJ.  All other records in his MPRJ show the TIN 918-XX-XXXX.

3.  He has provided no evidence as to what SSN was issued to him by the Social Security Administration at the time he served in the Army.
4.  For historical purposes, the Army has an interest in maintaining the accuracy 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.

5.  The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion in regard to the difference between the TIN recorded in his military record and his current SSN.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ___________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.



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ABCMR Record of Proceedings (cont)                                         AR20140007128



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