IN THE CASE OF:
BOARD DATE: 10 November 2011
DOCKET NUMBER: AR20110007904
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 widow 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 and Discharge) to show his first name spelled as "Spearman" instead of "Spearmon" and his date of birth (DOB) as 17 January 1942.
2. The applicant states the FSM's DOB and spelling of his first name are incorrect on his DD Form 214.
3. The applicant provides the FSM's DD Form 214 and the FSM's birth and death certificates.
CONSIDERATION OF EVIDENCE:
1. The FSM was inducted into the Army of the United States on 22 March 1967.
His DD Form 47 (Record of Induction) shows his first name spelled as "Spearman" and his DOB as 6 July 1941.
2. The FSM's official military personnel file (OMPF) contains the following documents that show his first name spelled as "Spearman":
a. induction orders,
b. DA Form 3027 (U.S. Army Request for National Agency Check) [shows his DOB as 6 July 1941],
c. DA Form 873 (Certificate of Clearance) [shows his DOB as 6 July 1941],
d. DA Form 137 (Installation Clearance Record), and
e. DA Form 20 (Enlisted Qualification Record) [shows his DOB as 6 July 1941].
3. The FSM's OMPF also contains documents that show his first name spelled as "Spearmon."
4. The FSM was honorably released from active duty on 4 November 1968. His DD Form 214 shows his first name spelled as "Spearmon" and his DOB as 6 July 1947.
5. There is no evidence in the FSM's OMPF showing he recorded his DOB as 17 January 1942 or 6 July 1947.
6. The applicant provides the FSM's birth and death certificates that show his first name spelled as "Spearman" and his DOB as 17 January 1942.
7. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's DD Form 214 should be corrected to show his first name spelled as "Spearman" and his DOB as 17 January 1942 has been carefully considered.
2. The FSM's Record of Induction and induction orders show his first name spelled as "Spearman." While his OMPF also contains documents showing his first name spelled as "Spearmon," his DD Form 214 should be corrected to show his first name spelled as shown on the Record of Induction and induction orders, which is the same first name shown on his birth and death certificates.
3. While the FSM's birth and death certificates show his DOB as 17 January 1942, his entire OMPF with the exception of his DD Form 214 shows his DOB as 6 July 1941. There is no evidence showing he ever listed his DOB as 17 January 1942. Therefore, there is no basis to grant this portion of the applicant's request.
4. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While the applicant's desire to record the FSM's correct DOB in his military records is understandable, there is not a sufficiently compelling reason for compromising the integrity of the Army's records.
5. The applicant is advised that a copy of this decisional document will be filed in the FSM's OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in 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
____X___ ___X____ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 amending the FSM's DD Form 214 to show the spelling of his first name as shown on his Record of Induction.
2. The Board further determined 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 correcting the FSM's DD Form 214 to show his DOB as 17 January 1942.
_______ _ 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) AR20110007904
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ABCMR Record of Proceedings (cont) AR20110007904
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