BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160002587 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF __x______ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160002587 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 amending item 30 of his DD Form 214 to add the social security number as listed on Reserve Components Personnel and Administration Center Letter Orders Number 04-1069587, dated 28 April 1976. 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 by deleting the temporary identification number and replacing it with his social security number. __________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. BOARD DATE: 27 July 2017 DOCKET NUMBER: AR20160002587 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 social security number (SSN) as 542-XX-XXXX. 2. The applicant states item 3 (SSN) of his DD Form 214 reflects his service number instead of his SSN. 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. In connection with his induction into the Army of the United States, the applicant completed a DD Form 398 (Statement of Personal History). Item 13 (Employment) shows the entry "unknown" in the SSN block. 3. The applicant was inducted into the Army of the United States on 12 May 1970. Item 2 (Service Number (To be Entered by Induction Station)) of his DD Form 47 (Record of Induction) lists the entry 905-XX-XXXX. 4. His DA Form 20 (Enlisted Qualification Record), which was created upon his entry on active duty listed his SSN as 905-XX-XXXX. 5. His service records contains multiple personnel, legal, medical, and other documents that list his SSN as 905-XX-XXXX. He authenticated some of these documents by placing his signature where required. 6. He was honorably released from active duty on 5 December 1971. Item 3 of his DD Form 214 lists his SSN as 905-XX-XXXX. He was transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining statutory service obligation. Item 30 of his DD Form 214 does not contain an entry pertaining to his SSN. 7. He was honorably discharged from the USAR on 1 May 1976 upon completion of his statutory service obligation. Reserve Components Personnel and Administration Center Letter Orders Number 04-1069587, dated 28 April 1976, list his SSN as 542-XX-XXXX. REFERENCE: 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 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 was to 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 through and the SSN entered. d. Information available from the Social Security Administration shows SSNs beginning with 800-999 are not valid SSNs; no numbers above 799 have ever been issued. DISCUSSION: 1. Many Soldiers did not have a SSN (or did not have an official document confirming their 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 TINs. Soldiers in this category would have been required to apply for a social security 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 social security card before they were separated (or were unable to produce a document confirming their SSNs before separation). As such, they were identified with a TIN throughout their service and this number was recorded on their DD Forms 214 when they separated. 2. The applicant did not list an SSN upon his entry on active duty. It appears the induction station or his servicing personnel specialist(s) assigned him a TIN. This TIN was used throughout his military service. 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. 3. Based on the Reserve Components Personnel and Administration Center letter orders discharging him at the expiration of his statutory service obligation, it appears that he was issued an SSN during his military service. In similar cases, the individual's SSN is entered in the remarks block of the DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002587 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002587 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2