IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021440
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 son-in-law of a deceased former service member (FSM) acting on behalf of the FSM's widow, requests reconsideration of an earlier request to correct the FSM's date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
2. The applicant states:
* the FSM's DOB is 25 December 1941
* the Department of Veterans Affairs insists on using his incorrect DOB for a headstone
* his next of kin would like it corrected so the FSM can receive a headstone with his correct DOB
3. The applicant provides a letter from a Member of Congress, dated 19 October 2011, and the FSM's:
* birth certificate
* death certificate
* DD Form 373 (Consent, Declaration of Parent or Legal Guardian)
* initial enlistment record
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* passport
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110002589 on 1 September 2011.
2. The documentation provided by the applicant is new and will be considered by the Board.
3. The FSM's DD Form 373, dated 18 September 1959, shows his DOB as 25 December 1941. He enlisted in the Regular Army on 28 September 1959 for 3 years. His enlistment record shows his DOB as 25 December 1941. He was released from active duty on 24 July 1961.
4. The FSM's DD Form 214 shows his DOB as 18 June 1939.
5. His service personnel records contain both DOB's, 18 June 1939 and 25 December 1941.
6. The FSM died on 17 January 2011. His birth certificate and death certificate show his DOB as 25 December 1941.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM was born on 25 December 1941 and the FSM's birth certificate, 1959 DD Form 373, enlistment record, and death certificate support this contention.
2. Based on the foregoing, it would be appropriate to correct the FSM's DD Form 214 to show his DOB as 25 December 1941.
BOARD VOTE:
___x____ ___x_____ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20110002589, dated 1 September 2011. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the DOB shown on his DD Form 214 and replacing it with the entry "25 December 1941."
____________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) AR20110021440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110021440
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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