IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150010957 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150010957 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was 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 entering the SSN in item 30 of his DD Form 214, for the period ending 13 April 1972, as it is shown on Orders Number 08-1164948, dated 24 August 1976, issued by The Office of the Adjutant General, Reserve Components Personnel and Administration Center. 2. The Board further determined that the evidence presented was 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 changing item 3 of his DD Form 214 for the period ending 13 April 1972. _____________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. IN THE CASE OF: BOARD DATE: 21 June 2016 DOCKET NUMBER: AR20150010957 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) by changing item 3 (Social Security Number (SSN)) to show xxx-XX-XXXX instead of xxx-XX-XXXX. 2. The applicant states, in effect, the SSN starting with "XXX" was issued as a temporary SSN when he was inducted into the Army. He later obtained an actual SSN from the U.S. Social Security Administration (SSA). 3. The applicant provides: * letter from the Department of Veterans Affairs, dated 9 June 2015 * DD Form 214 for the period ending 13 April 1972 * memorandum, dated 25 May 1972, Subject: Discontinuance of Military Service Number (MSN) as Personnel Identification 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 was inducted into the Army of the United States on 25 September 1970. He was honorably released from active duty on 13 April 1972. His DD Form 214, item 3 shows his SSN as xxx-XX-XXXX. 3. All of the documents in his available service record except the following two show his SSN as xxx-XX-XXXX. a. Memorandum, dated 25 May 1972, from the Office of The Adjutant General, U.S. Army Reserve Components Personnel and Administration Center, Subject: Discontinuance of MSN as Personnel Identification, which shows his SSN as xxx-XX-XXXX. b. Orders Number 08-1164948, dated 24 August 1976, shows the applicant was honorably discharged from the U.S. Army Reserve, effective 24 September 1974. His SSN is shown as xxx-XX-XXXX. REFERENCES: 1. 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 would be 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 a social security card by the individual prior to entrance into the active Army, the pencil entry of the TIN would be replaced by a permanent entry of the SSN. c. Where the individual came on active duty without an SSN, the TIN would be noted as a permanent entry on all records. Upon receipt of an SSN, the TIN entry would be lined out and the SSN would be entered. 2. Information available from the SSA shows that SSNs beginning with 800-999 are not valid SSNs; no numbers above 799 have ever been issued. DISCUSSION: 1. It appears the applicant did not have an SSN when he was inducted into the Army of the United States; thus, he was issued a TIN. a. He would have been required to apply for a social security card at the time of induction. He apparently did not receive his social security card before he was separated in 1972. b. Based on a review of his available service record, he was identified with this TIN throughout his active service. As a result, item 3 of his DD Form 214 properly shows his TIN. c. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of showing a material error or injustice, there is a reluctance to recommend that those records be changed. 2. However, to clarify any questions or confusion with regard to the difference in the TIN recorded in his military record and his SSN, it would be appropriate to add an entry to item 30 (Remarks) of his DD Form 214. This entry would show the SSN he used when he was discharged from the USAR. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010957 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150010957 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2