BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004211 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, in effect, correction of his DD Form 214 (Report of Separation from Active Duty) to show his social security number (SSN) as "228-XX-XXXX" instead of "965-XX-XXXX," which he believes to be a service number (SN). 2. The applicant states his SSN and SN are in conflict and need to be corrected so he may apply for medical benefits. 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 28 September 1973. 3. His record includes the following: a. DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 28 September 1973, which shows in item 1 (Service No./SSAN) the number "965-XX-XXXX" is lined out and the number "228-XX-XXXX" is written above it. b. DD Form 398 (Statement of Personal History) and a DA Form 41 (Record of Emergency Data), which show his SSN as "228-XX-XXXX." 4. He was discharged from active duty with a characterization of service of under other than honorable conditions on 11 August 1975. Item 3 (SSN) of his DD Form 214 shows his SSN as "965-XX-XXXX." 5. He provides a copy of his DD Form 214 that shows in item 3 (SSN) "965-XX-XXXX" is lined out and the number "228-XX-XXXX" is written above it. 6. 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 entered in pencil on Armed Forces Examining and Entrance Station records in those items reserved for recording the SSN at the time of pre-enlistment or pre-induction processing. Upon receipt of an SSN from the individual prior to his entrance into the active Army, the pencil entry of the TIN was replaced by a permanent entry of the SSN. c. Where the individual entered active duty without an SSN, the TIN was entered as a permanent entry on all records. Upon receipt of an SSN, the TIN entry was lined out and the SSN was entered in its place. 7. Information available from Social Security Administration shows that SSNs beginning with 800-999 are not valid SSNs; no numbers above 799 have ever been issued. 8. According to the National Archives, the U.S. Army discontinued using the SN as an identifier and began using the SSN as the primary means for identifying Soldiers on 1 July 1969. 9. 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 that for item 3, the individual’s SN or SSN is entered. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that his DD Form 214 should be corrected to show his SSN as "228-XX-XXXX" has been carefully considered. 2. It appears the applicant did not provide an SSN when he enlisted in the Regular Army; thus, he was issued a TIN. A TIN was initially used to identify him during his period of active duty service and it was recorded on his DD Form 214 when he was discharged. 3. It appears that at a later date, his proper SSN was documented in his records and was used to identify him during the remainder of his period of active military service. 4. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. In this case, based on the evidence of record and the evidence the applicant submitted, it would be appropriate to correct his DD Form 214 to show his SSN. 5. Therefore, to clarify any questions or confusion in regard to the difference between the TIN recorded in his record and his SSN, it would be appropriate to add an entry in item 27 (Remarks) of his DD Form 214 showing his SSN as indicated on his DD Form 398. 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 amending item 27 of his DD Form 214 to add his SSN as shown 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) AR20140011877 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004211 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1