IN THE CASE OF:
BOARD DATE: 22 January 2015
DOCKET NUMBER: AR20140006871
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 item 3 (Social Security Number (SSN)) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his SSN instead of his temporary identification number (TIN).
2. The applicant states at the time of enlistment he did not have a Social Security Card; therefore, he was issued a TIN.
3. The applicant provides copies of an Appointment Verification Letter from Central Texas Veterans Health Care System and Social Security Administration Telephone Appointment Confirmation Letter dated 1 April 2014.
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 was inducted into the Army of the United States (AUS) on 9 October 1970. At the time of his induction he was issued a TIN.
3. On 9 October 1970, the applicant completed a DD Form 398 (Statement of Personal History) which does not list an SSN.
4. The TIN the applicant was issued at the time of induction is shown on almost every document contained in his Official Military Personnel File requiring the use of his SSN.
5. On 18 February 1972, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his Reserve obligation. Item 3 on his DD Form 214 shows the TIN issued to him at the time of his induction in the AUS.
6. On 8 October 1976, the applicant was discharged from the Reserve. His discharge certificate shows the same SSN listed as the Claim Number on the Social Security Administration Telephone Appointment Confirmation Letter he provided dated 1 April 2014.
7. Army Regulation 600-2 (Name and Birth Data, Social Security Account Number, and TIN), effective 1 July 1969, announced the use of the SSN in lieu of military service numbers. A TIN would be issued during 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 trough and the SSN would be entered.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The evidence of record shows at the time of his induction, he was issued a TIN which was used as his SSN while he was on active duty. This is substantiated by the fact that every document contained in his OMPF pertaining to his active duty service lists his TIN. His SSN was not used until he was being discharged from the Reserve. This is the same SSN listed on the Social Security Administration Telephone Appointment Confirmation Letter he provided dated 1 April 2014.
3. It appears that item 3 of his DD Form 214 is correct. However, it would be appropriate to now enter his SSN in the Remarks section of his DD Form 214.
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 the Remarks section of his DD Form 214 to add his SSN as it is shown on his Social Security Administration Telephone Appointment Confirmation Letter dated 1 April 2014.
2. The Board further determined that the evidence presented was 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 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) AR20140006871
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ABCMR Record of Proceedings (cont) AR20140006871
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