IN THE CASE OF:  	  

		BOARD DATE:  23 June 2015	  

		DOCKET NUMBER:  AR20140019415 


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 in:

* item 3 (Social Security Number (SSN)) his SSN as "5XX-6X-9XXX" instead of "9XX-00-2XXX"
* item 11d (Effective Date) the separation date of "23 March 1972" instead of "23 March 1973"

2.  The applicant states his SSN and separation date are incorrect on his DD Form 214.  He is providing copies of his naturalization documents that reveal his correct SSN and a DD Form 256A (Honorable Discharge Certificate) that shows his true date of separation.

3.  The applicant provides copies of the following:

* DD Form 214
* DD Form 256A
* Certificate of Naturalization
* Social Security Card
* Department of Veterans Affairs (VA) 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 the cases 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.

2.  The applicant's records contain a Selected Service System Form 254 (Application for Voluntary Induction), dated 2 April 1970, which shows he was born in Vita, Manitoba, Canada.

3.  He was inducted into the Army of the United States (AUS) on 15 June 1970.  His records also contain the following:

* DD Form 398 (Statement of Personal History), dated 16 June 1970, which lists his Canadian SSN as "7XX-6XX-8XX" and United States SSN as "9XX-00-2XXX"
* Special Orders (SO) Number 117, dated 16 June 1970, which lists his SSN as "9XX-00-2XXX"
* DA Form 41 (Record of Emergency Data) which lists his SSN as "9XX-00-2XXX"
* SO Number 083, dated 23 March 1971, which lists his SSN as "9XX-00-2XXX"
* DA Form 20 (Enlisted Qualification Record), audited on 28 July 1971, which lists his SSN as "9XX-00-2XXX"
* Correction to DD Form 214 memorandum, issued by the Transfer Station, U.S. Army Personnel Center on 24 March 1972, requesting a correction of his DD Form 214 to show he was transferred to the United States Army Reserve (USAR) and issued an Honorable Discharge Certificate; the memorandum lists his SSN as "9XX-00-2XXX

4.  He was honorably released from active duty on 23 March 1972.  He was credited with completing 1 year, 9 months, and 9 days of active service.  Item 3 of his DD Form 214 lists his SSN as "9XX-00-2XXX."

5.  Letter Orders Number 05-93737, dated 18 May 1972, discharged him from the USAR on 18 May 1972; the orders list his SSN as "9XX-00-2XXX."

6.  On 15 February 1973, in response to a request dated 9 January 1973, a DD Form 215 (Correction to DD Form 214, Armed Forces of the United States Report of Transfer or Discharge), was issued correcting item 11d of the applicant's DD Form 214 to show a separation date of 23 March 1972.  As a result, this portion of his request will not be further discussed in this Record of Proceedings.  A copy of the DD Form 215 will also be provided to the applicant along with his copy of this Record of Proceedings.

7.  He provided copies of the following:

* DD Form 256A which shows he was separated on 23 March 1972
* Certificate of Naturalization, issued on 12 March 1997, which does not list his SSN
* Social Security Card which lists his SSN as "5XX-6X-9XXX"
* VA card which does list his SSN

8.  Army Regulation 600-8 (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.  Chapter 4 (TIN) prescribed the procedures for issuing a TIN as a means of personal 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.  The TIN was entered as a permanent entry on all records.  Upon receipt of an SSN, the TIN was to be lined-out and the SSN entered on all records.

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 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated the DD Form 214 was a synopsis of the Soldier’s most recent period of continuous active duty.  It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  The regulation stated item 3 would list the SSN verified in the Soldier's records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that a TIN was assigned to the applicant upon his induction into the AUS.  This TIN appears to have been used during his military service.  As a result, upon his discharge, his TIN was recorded in item 3 of his DD Form 214 as "9XX-00-2XXX"; however, his SSN was not recorded on the DD Form 214.

2.  Based on the evidence of record and the evidence he submitted, it would be appropriate to correct his DD Form 214 in item 30 (Remarks) only to show his correct SSN.  Therefore, in view of the foregoing, his DD Form 214 should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 adding to item 30 of his DD Form 214 the entry:  "SSAN:  5XX-6X-9XXX" (i.e., the number as shown on the Social Security Card that he provides).

2.  The Board further determined that 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 changing item 3 of his DD Form 214.




      _______ _   _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)                                         AR20140019415





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ABCMR Record of Proceedings (cont)                                         AR20140019415



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