IN THE CASE OF:	   

		BOARD DATE:	  4 November 2014

		DOCKET NUMBER:  AR20140006463 


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, the spouse of the deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 22 May xxxx instead of 6 May xxxx.  

2.  The applicant states the DOB shown in the FSM's military records is incorrect. She needs to have his DOB corrected to order the bronze marker. 

3.  The applicant provides the FSM's DD Form 214, Certificate of Birth, Certificate of Death, and their Certificate of Marriage.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered based on his DD Form 214.  

2.  His DD Form 214 shows he entered active duty on 1 July 1953 and he was released from active duty on 10 May 1955.  His DD Form 214 shows his DOB as 6 May xxxx.

3.  There is no evidence in his available military records that indicates he listed his DOB as 22 May xxxx during his period of active duty service.

4.  The applicant provides copies of the FSM's Certificate of Birth and Certificate of Death that show his DOB as 22 May xxxx.

DISCUSSION AND CONCLUSIONS:

1.  The FSM's available military records consist of a DD Form 214.  This document lists his DOB as 6 May xxxx.  In the absence of additional documentation, such as his induction documents, the DOB he listed upon his entry on active duty cannot be verified.  Therefore, administrative regularity must be presumed in this case.  

2.  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 evidence showing a material error or injustice, there is a reluctance to recommend that those records be changed.  While his desire to now record his correct DOB in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.

3.  The applicant is advised that a copy of this decisional document will be filed in FSM's Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in the FSM's military record and to satisfy the applicant's desire to have the FSM's correct DOB documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ____x___  ____x___  DENY APPLICATION








BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.



ABCMR Record of Proceedings (cont)                                         AR20140006463





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ABCMR Record of Proceedings (cont)                                         AR20140006463



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