BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150018604 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 BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150018604 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 adding the SSN listed on the Social Security card he provided to item 30 on his DD Form 214. 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 changing item 3 of his DD Form 214 to show the SSN listed on the Social Security card he provided. __________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. BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150018604 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 Transfer or Discharge) to show his social security number (SSN) as "498-xx-xxxx" instead of "998-xx-xxxx." 2. The applicant states that he would like to receive medical treatment for his post-traumatic stress disorder and depression. As his SSN is incorrectly shown on his DD Form 214, the Military Order of the Purple Heart is unable to assist him. 3. The applicant provides his: * Passport * Certificate of Birth * Social Security card * Medicare Health Insurance card * DA Form 1095-B (Health Coverage) * Form SSA-1099 (Social Security Benefit Statement) 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 completed a DD Form 4 (Enlistment Contract-Armed Forces of the United States) as part of his enlistment processing. This document listed his SSN as "998-xx-xxxx." 3. A review of his military personnel file shows that all the documents in his record that required an SSN entry show his SSN as "998-xx-xxxx." 4. On 31 July 1970, he was honorably released from active duty. His DD Form 214 shows his SSN as "998-xx-xxxx." 5. He provides numerous documents to include his Social Security card showing his SSN as "498-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, prescribes 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. Where the individual comes on 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. 2. 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. 3. 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 stated for item 3, the individual’s service number or SSN is entered. DISCUSSION: 1. Many Soldiers did not have an SSN when they 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 listed an SSN upon his entry on active duty that started with "998." It appears his servicing personnel specialist(s) assigned him a TIN. This TIN was used throughout his military service. 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 of record, it would be appropriate to add an entry in item 30 (Remarks) of his DD Form 214 showing his SSN as indicated on his Social Security card. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018604 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2