IN THE CASE OF:
BOARD DATE: 6 February 2014
DOCKET NUMBER: AR20130010684
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 that the records of his uncle, a former service member (FSM), be corrected to show his date of birth (DOB) as "16 September 1924" vice "16 September 1925."
2. The applicant states the FSM's DOB was incorrectly recorded at the time of enlistment. This error is preventing the FSM from receiving a bronze grave marker showing his service in memorial. This was of importance to the FSM as he served in Japan.
3. The applicant provides:
* WD AGO 53-280 (Enlisted Record and Report of Separation - Certificate of Service)
* VA Form 40-1330 (Application for Standard Government Headstone or Marker)
* Certificate of Death
* Power of Attorney
CONSIDERATION OF EVIDENCE:
1. The FSM's complete military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at National Personnel Records Center (NPRC) in 1973. It is believed most of his records
were lost or destroyed in that fire. This case is being considered using the documents provided by the applicant.
2. On 27 January 1949, the FSM was inducted into the Army of the United States.
3. The available record is void of documentation showing the DOB he provided at the time of his induction.
4. On 16 February 1950, he was honorably discharged. Item 10 (DOB) of his
DD Form 214 shows the entry "16 September 1925."
5. The applicant provides a copy of a State of Wisconsin Original Certificate of Death that shows the FSM's DOB as "September 16, 1924."
DISCUSSION AND CONCLUSIONS:
1. Regrettably, it appears the FSM's military record was destroyed in the 1973 NPRC fire. The only document available for review is his WD AGO 53-280 that shows his DOB as "16 September 1925." There is no evidence indicating the DOB shown on his birth record was ever recorded in his military record as his correct DOB. In the absence of such evidence, it must be presumed that the DOB shown on his WD AGO 53-280 accurately reflects the DOB recorded in his military record.
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 a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the desire to now record the FSM's correct birth year in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. A copy of this decisional document, which confirms the FSM's correct DOB, will be filed in the FSM's reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy the desire to have the FSMs correct DOB documented as such.
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) AR20130010684
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ABCMR Record of Proceedings (cont) AR20130010684
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