IN THE CASE OF:	  

		BOARD DATE:	  23 April 2015

		DOCKET NUMBER:  AR20140015172 


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 correct social security number (SSN) as "410-XX-XXXX" instead of "955-XX-XXXX."

2.  The applicant states, in effect, the SSN that was issued to him by the Army is in error and is affecting his entitlement to benefits. 

3.  The applicant provides his DD Form 214. 

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 U.S. Armed Forces was still in the process of transitioning from the service number (SN) to the SSN at the time of the applicant's induction/enlistment processing.

3.  In connection with his induction into the Army of the United States, he completed a DD Form 398 (Statement of Personal History) wherein he listed his SSN as "410-XX-XXXX." 

4.  He was inducted into the Army of the United States on 3 April 1970.  Item 2 (SN) of his DD Form 47 (Record of Induction) listed the entry "955-XX-XXXX." 

5.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty listed his SSN as "955-XX-XXXX."  

6.  His service records contain multiple personnel, legal, medical, and other documents that listed his SSN as "955-XX-XXX."  He authenticated some of these documents by placing his signature where required. 

7.  He was honorably released from active duty on 4 November 1971.  Item 3 (SSN) of his DD Form 214 listed his SSN as "955-XX-XXXX." 

8.  Army Regulation 600-2 (Name and Birth Data, Social Security Account, and Temporary Identification Number (TIN)), in effect at the time, prescribes the procedures used for recording, issuing or changing personnel information normally used as a means of identification.

   a. Chapter 4 (TIN) prescribes 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 will be entered in pencil on enlistment/induction records in those items reserved for recording the SSN at the time of pre-enlistment or pre-induction processing.  Upon receipt of an SSN card by the individual prior to his entrance into the active Army, the pencil entry of the TIN will be replaced by permanent entry of the SSN.

   c. Where the individual comes on active duty without an SSN, the TIN will be entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN entry will be lined out and the SSN entered.

9.  Information available from the Social Security Administration shows that SSNs beginning with 800-999 are not valid SSNs; no numbers above 799 have ever been issued.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) 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 their military service at the time of separation.  It stated that for 
item 3, the individual’s SN or SSN would be entered.  

DISCUSSION AND CONCLUSIONS:

1.  Many Soldiers did not have an SSN when they were inducted into the Army of the United States or enlisted in the regular Army at the time; thus, they were issued a TIN.  Soldiers in this category would have been required to apply for an SSN card at the time of their induction/enlistment.  Due to the short duration of some of these Soldiers' service, many apparently did not receive their SSN card before they were separated.  As such, they were identified with a TIN throughout their service and it was recorded on their DD Form 214 when they separated.  

2.  The applicant in this case did in fact disclose his SSN as "410-XX-XXXX" upon his induction.  It appears his servicing personnel specialist(s) made a mistake and assumed he did not have an SSN.  As such, they assigned him a TIN.  This TIN was used throughout his military service.  

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In this case, based on the evidence of record, it would be appropriate to correct his DD Form 214 to show his SSN.  

4.  Therefore, 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 30 (Remarks) of his DD Form 214 showing his SSN as indicated on his DD Form 398.  







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 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 amending item 30 of his DD Form 214 to add the SSN as shown on his DD Form 398 (i.e., the SSN 410-XX-XXXX).




      _______ _   __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)                                         AR20140015172





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ABCMR Record of Proceedings (cont)                                         AR20140015172



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