BOARD DATE: 15 April 2014
DOCKET NUMBER: AR20130011619
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 spouse of a deceased former server member (FSM), requests correction of item 1 (Last Name First Name Middle Name) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show the spelling of his first name as "Darwin."
2. The applicant states she believes the misspelling is a typographical error.
3. The applicant provides copies of the FSM's DD Form 214, birth certificate, and death certificate.
CONSIDERATION OF EVIDENCE:
1. The FSM's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
2. The FSM was inducted into the Army of the United States on 11 March 1953. He was honorably released from active duty on 25 February 1955.
3. Item 1 of his DD Form 214 shows the spelling of his first name as "Dorwin." He signed this form by spelling his first name as "Dorwin."
4. The applicant provided the FSM's birth certificate and death certificate which shows the first names as "Darwin.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. Based on the limited records and the presumption of government regularity, the FSM appears to have spelled his first name as "Dorwin" during his military service and this spelling is properly recorded on his DD Form 214.
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 that the applicant desires to record the FSM's first name as spelled on both his birth and death certificates, there is not a sufficiently compelling reason for compromising the integrity of his DD Form 214.
3. The applicant is advised that a copy of this decisional document will be filed in FSM's military records. This should serve to clarify any questions or confusion regarding the difference in the spelling of the first name recorded on the FSM's DD Form 214 and the spelling recorded on the FSM's birth and death certificates.
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 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) AR20130011619
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ABCMR Record of Proceedings (cont) AR20130011619
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