IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120008401
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, the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of his late father, a former service member (FSM), be corrected to list the correct date of birth (DOB) in block 6 (Date of Birth).
2. The applicant states, in effect, the DOB on the FSM's DD Form 214 dated
14 March 1962 is erroneously entered as 9 August 1939 instead of 9 August 1938.
3. The applicant provides copies of the following documents on behalf of the FSM:
* DD Form 214
* State of New York Certification of Birth
* State of New York Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSM enlisted on 2 January 1959. His record contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) and DA Form 20 (Enlisted Qualification Record) which list his DOB as 9 August 1939. However, it also includes a Standard Form 88 (Report of Medical Examination) and a Standard Form 89 (Report of Medical History) which list his DOB as 9 August 1938. He authenticated some of these documents by placing his signature in the appropriate block.
2. On 14 March 1962, the FSM was honorably released from active duty and transferred to the U.S. Army Reserve, in the rank of specialist four, after completing 3 years, 2 months, and 13 days of active military service. The DOB entered in block 6 of the FSM's DD Form 214 is listed as 9 August 1939.
3. The applicant submitted the FSM's Certificate of Birth and Certificate of Death, both of which list his DOB as 9 August 1938.
4. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service or control of the active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. The version of the regulation in effect at the time identified the DA Form 20 as the primary record source for entries on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the FSM entered and performed his military service under both DOBs. However, as evidenced by the FSMs medical records and corroborated and confirmed by the Birth Certificate and Death Certificate as provided by the applicant, it appears his correct DOB was 9 August 1938.
2. In view of the foregoing, it would be appropriate to amend block 6 of the FSMs DD Form 214 to show his DOB as 9 August 1938.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
amending the DD Form 214 by deleting the current entry in block 6 and adding the entry 9 August 1938.
____________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) AR20110021996
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ABCMR Record of Proceedings (cont) AR20120008401
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