IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140019406 


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 (Report of Separation from Active Duty) to show his social security number (SSN) as it appears on his social security card.  

2.  The applicant states, in effect, the Army assigned him SSN "947-XX-XXXX" because he did not have his social security card with him when he enlisted.  This is now causing him problems.

3.  The applicant provides copies of his DD Form 214 and his social security card showing SSN "167-XX-XXXX."

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.  On 15 January 1971, the applicant enlisted in the Regular Army (RA) and in connection with his enlistment he completed a DD Form 398 (Statement of Personal History) and provided the SSN that is listed on his social security card.

4.  The SSN that the applicant states he was assigned by the Army appears on his DD Form 4 (Enlistment Contract –Armed Forces of the United States).  However, his DA Form 20 (Enlisted Qualification Record) shows both the SSN he was assigned, which was a temporary identification number (TIN), and the SSN that is listed on his social security card.

5.  On 19 February 1974, he was released and transferred to the U.S. Army Reserve in the rank of private first class/E-3.  Item 3 (SSN) of his DD Form 214 lists his SSN as "947-XX-XXXX," which was the TIN that he was assigned.

6.  Army Regulation 600-2 (Name and Birth Data, Social Security Account, and 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 was to 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 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 entered active duty without an SSN, the TIN was to be entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN entry was to be lined out and the SSN entered.

7.  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.

8.  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/enlisted in the Army of the United States or RA; thus, they were issued a TIN.  Soldiers in this category would have been required to apply for a social security card/SSN.  As such, they were identified with a TIN until the SSN was provided.

2.  The applicant in this case appears to have disclosed his SSN as
"167-XX-XXXX" upon his enlistment.  His DD Form 398 contains the requested SSN.  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.  Both the TIN and the SSN were used throughout his service.

3.  For historical purposes, the Army has an interest in maintaining the integrity 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 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 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 27 of his DD Form 214 to add the SSN as shown on his social security card (i.e., the SSN 167-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)                                         AR20140019406



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ABCMR Record of Proceedings (cont)                                         AR20140019406



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