SAMR-RB 24 May 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for , AR20160000407 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 16 May 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by amending his DD Form 214 by adding the SSN listed on his DA Form 3082-R (Statement of Medical Condition) to item 30 (Remarks). 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 24 September 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000407 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2017 DOCKET NUMBER: AR20160000407 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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: 16 May 2017 DOCKET NUMBER: AR20160000407 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as 554-XX-XXXX instead of 900-XX-XXXX. 2. The applicant states, in effect, the SSN currently listed on his DD Form 214 for the period ending 24 February 1971 is wrong. 3. The application indicates he submitted a copy of his DD Form 214 and a copy of his SSN card, but neither document was found with the application. His available service record, however, includes a copy of his DD Form 214, and other pertinent documents that offer sufficient evidence to address his request. 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 25 September 1968. He was discharged under other than honorable conditions on 24 February 1971. His DD Form 214 shows he completed 9 months and 27 days of net active creditable service. Item 3 (SSN) reflects his SSN as 900-XX-XXXX. 3. Most of the documents in his available service record have 900-XX-XXXX as his SSN. The following documents indicate his SSN is 554-XX-XXXX: * DA Form 3082-R (Statement of Medical Condition), dated 11 October 1970 * DD Form 1407 (Dependent Medical Care and DD Form 1173 (U.S. Uniformed Services Identification and Privilege Card) Statement), dated 24 February 1971 * DA Form 664 (Serviceman's Statement Concerning Application for Compensation from the Veterans Administration), dated 24 February 1971 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 Social Security Administration (SSA) shows that SSNs beginning with 800-999 are not valid SSNs. According to the SSA, no numbers above 799 have ever been issued. DISCUSSION: 1. It appears the applicant did not have an SSN when he enlisted in the Regular Army; thus, he was issued a TIN. a. He would have been required to apply for a social security card at the time of his enlistment. He apparently did receive a social security card at some point prior to his separation in 1971, but, for unknown reasons, his records were not properly updated. b. Based on a review of his available service record, most documents display 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, the Board may recommend adding an entry to item 30 (Remarks) of his DD Form 214 showing the SSN listed on his DA Form 3082-R. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000407 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000407 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2