IN THE CASE OF: BOARD DATE: 1 March 2012 DOCKET NUMBER: AR20110017685 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). 2. The applicant states his SSN is incorrect on his DD Form 214. 3. The applicant provides his DD Form 214, Social Security card, and his Connecticut Driver License. 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 transitioning from the service number (SN) to the individual's SSN at the time of the applicant's induction processing. 3. The applicant was inducted into the Army of the United States (AUS) on 14 August 1969. He was assigned to Fort Jackson, SC for basic combat training. 4. His record contains a DD Form 47 (Record of Induction), dated 14 August 1969, that shows his SN as "980-xx-xxxx." However, this entry was lined through and replaced with the entry "908-xx-xxxx." 5. In conjunction with his induction, the applicant completed a DD Form 398 (Statement of Personal History). This form is undated and does not show his SSN. 6. Special Orders Number 157, issued by the Armed Forces Examining and Entrance Station, New Haven, CT, dated 14 August 1969, assigned him to the U.S. Army Reception Station, Fort Dix, NJ, effective 15 August 1969. This form shows his SN as "908-xx-xxxx." 7. A DA Form 428 (Application for Identification Card), dated 19 August 1969, shows his SSN as "980-xx-xxxx." He authenticated this form by placing his signature in the appropriate block. 8. The DA Form 20 (Enlisted Qualification Record) that was created at the time he entered the Army shows his SN as "980-xx-xxxx." He authenticated this form on 19 August 1969 by placing his signature in the appropriate block. 9. Special Orders Number 238, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Jackson, dated 7 October 1969, assigned him to the U.S. Army Transfer Point for separation processing with a reporting date of 9 October 1969. These orders show his SN as "980-xx-xxxx." 10. He was honorably discharged from active duty on 9 October 1969 by reason of not meeting medical fitness standards at time of induction. He completed 1 month and 26 days of total active service. 11. Item 3 (SSN) of the DD Form 214 he was issued at the time shows his SSN as "980-xx-xxxx." 12. The applicant provides a Social Security card that shows a completely different SSN than that shown on his DD Form 214. 13. Army Regulation 600-8 (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 a SSN. The number "9" was designated as the first number of the 9-digit TIN. b. 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. 14. 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. 15. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes policies and procedures regarding separation documents. It also establishes 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 states for: a. item 3, enter the individual’s SN or SSAN, and b. item 30 (Remarks), this section is used to complete entries too long for their respective blocks. During the Vietnam era, instructions for the "Remarks" section included, "Transcribe SSAN in the following manner: ‘SSAN: 000-00-0000’." DISCUSSION AND CONCLUSIONS: 1. The applicant's request for correction of his DD Form 214 to show his correct SSN was carefully considered. 2. The evidence of record shows that a TIN was used throughout the applicant's military service. As a result, upon his REFRAD, his TIN was recorded in item 3 of his DD Form 214 as "980-xx-xxxx"; however, his SSN was not recorded on the DD Form 214. 3. It is impractical, if not impossible, to change all of the applicant's records to reflect his true SSN since this runs the risk of losing or misidentifying documents that employ his original constructed identification number. 4. However, based on the evidence of record, it would be appropriate to correct only the applicant's DD Form 214 to show his correct SSN. Therefore, in view of the foregoing, the applicant's DD Form 214 should be corrected as recommended below. BOARD VOTE: ___X____ __X____ ____X___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined 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 adding to item 30 of his DD Form 214 the entry: "SSAN: xxx-xx-xxxx" (i.e., the number as shown on the Social Security card that he provides). _______ _ 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) AR20110017685 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017685 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1