IN THE CASE OF:	  

		BOARD DATE:	  16 December 2014

		DOCKET NUMBER:  AR20140008160 


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 that his records be corrected to show his correct Social Security Number (SSN).

2.  The applicant states he had an SSN at the time of his enlistment, but his DD Form 214 (Report of Separation from Active Duty) still reflects the temporary SSN he was issued at the time of his enlistment.  It causes him problems in dealing with the Department of Veterans Affairs (VA).

3.  The applicant provides a copy of 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.  The applicant enlisted in the Regular Army on 12 October 1972.  At the time of his enlistment he prepared a DD Form 398 (Statement of Personal History) and provided the SSN (5XX-X8-7XXX) he now claims is his correct SSN; however, for reasons not explained in the available records, he was issued a temporary identification number (TIN), the SSN reflected on his DD Form 214.

3.  He was discharged on 20 December 1974.  His DD Form 214 issued at the time of his discharge reflects his TIN.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted using the SSN he claims is his correct SSN and is reflected on documents contained in his official records.  While he served his entire period using the TIN, he did in fact have a permanent SSN at the time he enlisted and it appears that during the preparation of his records and DD Form 214 an administrative error occurred resulting in an incorrect SSN being listed.

2.  Accordingly, his DD Form 214 should be corrected to show the SSN that he provided at the time of his enlistment, which he contends is his permanent SSN.

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 was 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 







showing his correct SSN on his DD Form 214 as being the SSN he provided on his DD Form 398.



      ___________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)                                         AR20140008160





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ABCMR Record of Proceedings (cont)                                         AR20140008160



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