IN THE CASE OF: BOARD DATE: 12 November 2015 DOCKET NUMBER: AR20150005745 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) * the forwarding of a correction document to the Social Security Administration, to show he paid social security taxes based on a false SSN during his service in the Army from 1970 to 1973 * an unspecified Army certificate bearing President Richard M. Nixon's stamped signature, presumably in recognition of his service, so he can frame it like his similar National Guard certificate 2. The applicant states: * he is a veteran of the U.S. Army and Army National Guard (ARNG) * he joined the Army in 1970, at the age of 17, and reported to San Antonio, Texas for his physical * from there, he was sent to Fort Lewis, Washington * before he was sent off, he was asked for his social security card; he had forgotten to bring it and couldn't remember the number, so he was assigned a new number * consequently, he had a different SSN during his period of military service * he has his DD Form 214; however, he did not receive a DD Form 256A (Honorable Discharge Certificate) * after his release from active duty, he joined the ARNG; his ARNG records are correct 3. The applicant provides * a copy of his DD Form 214 * a photocopied picture of his identification tags * his General Education Development certificate from the U.S. Armed Forces Institute, dated April 1973 * Special Orders Number 97, issued by Headquarters, U.S. Army Personnel Center, Fort Jackson, South Carolina on 3 May 1973 * Letter Orders Number 06-255778, issued by the Office of the Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, St. Louis, Missouri on 25 June 1975 * his National Guard Bureau (NGB) Form 55 (Honorable Discharge Certificate – ARNG), dated 4 May 1982 * Orders 87-11, issued by the Texas ARNG (TXARNG) on 10 May 1982 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 30 July 1970. Item 1 (Service No. (Number)) of his DD Form 4 (Enlistment Contract – Armed Forces of the United States) identifies his SSN as "962-XX-XXXX." 3. The documents contained in his Military Personnel Records Jacket (MPRJ) identify his SSN as "962-XX-XXXX." 4. The applicant was honorably released from active duty on 3 May 1973. His SSN is identified on his DD Form 214 as "962-XX-XXXX." 5. His record contains a DD Form 256A, dated 29 July 1976, which identifies his SSN as "962-XX-XXXX." 6. He provides an NGB Form 55 and discharge orders from the TXARNG that identify his SSN as "465-XX-XXXX." 7. 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 card by 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. 8. 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. 9. According to the National Archives, the U.S. Army discontinued using the service number as an identifier and began using the SSN as the primary means for identifying Soldiers on 1 July 1969. 10. 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 request for correction of his DD Form 214 to show his SSN was carefully considered. 2. The applicant did not provide an SSN when he was enlisted in the Regular Army; thus, he was issued a TIN. A TIN was used to identify him throughout his period of active duty service and it was recorded on his DD Form 214 when he separated. 3. It appears that at a later date, following his entry into the TXARNG, his SSN was used to identify him. 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 he 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 30 (Remarks) of his DD Form 214 showing his SSN as indicated on his NGB Form 55. 6. The applicant is advised to send a copy of his DD Form 215 (Correction to DD Form 214), showing the addition of his SSN in item 30 of his DD Form 214, to the Social Security Administration as a means of clarifying any potential misunderstanding or improper accounting with regard to his social security taxes. 7. Lastly, the applicant requests an unspecified Army certificate bearing President Richard M. Nixon's stamped signature, presumably in recognition of his service. Unfortunately, his request cannot be granted since such a certificate no longer exists. He contends he did not receive an Honorable Discharge Certificate. Therefore, it would be appropriate to create a new Honorable Discharge Certificate bearing his SSN and forward that certificate to him with this Record of Proceedings. 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 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 his SSN as shown on his NGB Form 55 * creating a new Honorable Discharge Certificate bearing his SSN and forwarding that certificate to him with this Record of Proceedings 2. The Board further determined that 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 sending the applicant an unspecified Army certificate bearing President Richard M. Nixon's stamped signature. ____________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) AR20110023683 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005745 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1