BOARD DATE: 16 February 2016 DOCKET NUMBER: AR20150007123 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 "541-XX-XXXX" instead of "946-XX-XXXX" and his middle name as Edmund instead of Edward. 2. The applicant states his SSN and middle name appear to have been typed in error. 3. The applicant provides: * DD Form 214 * certificate of live birth * state driver license * social security card 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's military records are not available to the Board for review. It is believed that his records were lost or misfiled at the National Archives. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case. 3. There are no induction documents available in the applicant’s reconstructed record. The applicant's DD Form 214 shows he was born in Anchorage, AK, in May 1950. It also shows he was inducted into the Army of the United States in Portland, OR, on 28 April 1970. 4. He was honorably released from active duty on 15 December 1971 after having completed 1 year, 7 months, and 18 days of active service. His middle name is shown as Edward in item 1 (Last Name, First Name, Middle Name) of his DD Form 214 and in Item 3 (SSN) shows his SSN as "946-XX-XXXX" 5. He provides: a. A certificate of live birth and a state driver license, both listing his name as well as a date of birth of May 1950. His middle name is shown as Edmund. His place of birth is shown on his birth certificate as Anchorage, AK. These entries (place of birth and date of birth) are similar to those shown on his DD Form 214. b. A social security card listing his middle name as Edmund and his SSN as "541-XX-XXXX." 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) 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 an SSN. The number "9" was designated as the first number of the 9-digit TIN. b. The TIN will 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 will be replaced by permanent entry of the SSN. c. When the individual enters active duty without an SSN, the TIN will be entered as a permanent entry on all records. Upon receipt of an SSN, the TIN entry will be lined out and the SSN entered. 7. 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. 8. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents. It also established 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 was important that information entered on the form was complete and accurate and reflected the conditions as they existed at the time of separation. It stated for item 1 enter the individual’s information from enlistment or induction documents and for item 3, the individual’s service number or SSN. DISCUSSION AND CONCLUSIONS: 1. Many Soldiers did not have an 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 a TIN. 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 Soldiers' service, many apparently did not receive their card before they were separated. As such, they were identified with a TIN throughout their service and it was recorded on their DD Form 214 when they separated. 2. The applicant's records in this case are not available for review. It is unknown what SSN he disclosed at his induction. His DD Form 214 lists a TIN and his middle name as Edward. For historical purposes, the Army has an interest in maintaining the integrity 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. Nevertheless, based on the evidence he submitted, it appears that it is appropriate to add an entry in item 30 (Remarks) of his DD Form 214 showing his SSN as indicated on his SSN card and his middle name as shown on his certificate of birth. 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 by adding entries showing the SSN listed on his SSN card and the middle name shown on his birth certificate. 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 amending item 1 and item 3 of his DD Form 214. _______ _ 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) AR20150007123 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007123 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1