IN THE CASE OF:
BOARD DATE: 7 October 2010
DOCKET NUMBER: AR20100011963
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 sister of a deceased former service member (FSM), requests correction of the FSM's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth as 14 August 1948.
2. The applicant makes no statement.
3. The applicant provides, in support of her application, copies of the FSM's
DD Form 214, discharge orders, newspaper clipping announcing the FSM's funeral services, a letter from the funeral director, the FSM's Louisiana Driver's License, Texas Department of Public Safety Identification Card, the FSM's birth certificate, and death certificate.
CONSIDERATION OF EVIDENCE:
1. On 30 July 1969, the FSM was inducted into the Army of the United States for 2 years. He completed his initial training and was awarded military occupational specialty 94B (Cook). He was subsequently assigned for duty as a cook with the 3rd Battalion, 51st Infantry Regiment, located in the Federal Republic of Germany.
2. DD Form 47 (Record of Induction), dated 14 June 1968, identified the FSM as having a date of birth of 27 March 1949.
3. Standard Form 88 (Report of Medical Examination), dated 19 August 1968, reports that the FSM underwent a physical examination for induction into the U.S. Army. This report indicates the FSM's date of birth was 27 March 1949.
4. DD Form 398 (Statement of Personal History), dated 1 August 1969 and signed by the FSM, shows his date of birth as 27 March 1949.
5. DA Form 428 (Application for Identification Card) shows the FSM's date of birth as 27 March 1949. The form appears to have been signed by the FSM.
6. Standard Form 88 (Report of Medical Examination), dated 28 September 1971, reports that the FSM underwent a physical examination for separation. This report indicates that the FSM's date of birth was 27 March 1949.
7. Item 6 (Date of Birth) of the FSM's DA Form 20 (Enlisted Qualification Record) shows his date of birth as 27 March 1949. This form was signed by the FSM and last audited on 13 September 1971.
8. Item 9 (Date of Birth) of the FSM's DD Form 214 shows his date of birth as
27 March 1949.
9. The FSM was honorably discharged on 14 October 1971. He had completed 2 years and 7 months of creditable active duty service.
10. The applicant's evidence includes:
a. certificate of birth showing the FSM was born on 14 August 1948.
b. certificate of death showing the FSM died on 8 March 2010.
c. driver's license and a public health identification card showing the FSM's date of birth as 14 August 1948.
DISCUSSION AND CONCLUSIONS:
1. A review of the FSM's military records revealed that virtually every record available that required a date of birth shows his date of birth as 27 March 1949.
2. The Army has an interest in maintaining the accuracy 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.
3. The applicant is advised that a copy of this decisional document, along with her application and the supporting evidence she provided confirming the FSM's date of birth, will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the date of birth he used while on active duty and the date shown on his birth certificate and satisfy the applicant's desire to have the FSM's correct date of birth entered in his record.
4. In view of the above, the applicants request should be denied.
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.
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