IN THE CASE OF:
BOARD DATE: 10 February 2014
DOCKET NUMBER: AR20140011861
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 the social security number (SSN) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states he was given the SSN when he joined the Army. After he got out, the Social Security Administration gave him a different SSN. He further states that he is unable to receive Department of Veterans Affairs (VA) benefits from the VA Hospital until his DD Form 214 is corrected.
3. The applicant provides:
* DD Form 214
* 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 31 December 1970.
3. He was honorably released from active duty on 12 January 1973. Item 3 (SSN) of his DD Form 214 shows his SSN as 9xx-9x-5xxx.
4. The applicant provides a copy of a social security card in his name which lists his SSN as 5xx-0x-3xxx.
5. 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.
6. 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.
7. Army Regulation 635-5 (Separation Documents), then in effect, 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 for item 3, the individual's SSN is entered.
DISCUSSION AND CONCLUSIONS:
1. It appears the applicant did not have an SSN when he enlisted in the Regular Army in 1970; 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 1973. It appears he was identified with this TIN throughout his service. As a result, item 3 of his DD Form 214 properly shows his TIN. As such, he is not entitled to correction of this item.
2. 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 to item 30 (Remarks) of his DD Form 214 showing his SSN as indicated on the social security card he provides.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 shown 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) AR20140011861
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ABCMR Record of Proceedings (cont) AR20140011861
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