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ARMY | BCMR | CY2014 | 20140005211
Original file (20140005211.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  30 October 2014

		DOCKET NUMBER:  AR20140005211 


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 correction of item 10 (Date of Birth (DOB)) of the WD AGO Form 53-58 (Enlisted Record and Report of Separation – General Discharge) of his late father, a former service member (FSM), to show his DOB as "1 September 1931" instead of "1 December 1931."

2.  The applicant states he would like to have a copy of his father's separation document that is correct.

3.  The applicant provides copies of the following:

* FSM's:

* WD AGO Form 53-58
* birth and death certificates

* his birth certificate
* letter from the National Personnel Records Center (NPRC)

CONSIDERATION OF EVIDENCE:

1.  The FSM’s complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were destroyed in that fire.  However, there are sufficient documentation contained in a reconstructed record and documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

2.  The available military records show the FSM enlisted in the Regular Army on 4 October 1949.  His available records contain the following:

* WD AGO Form 100 (Separation Qualification Record), for the period from 4 October 1949 through 1 December 1949, which lists his DOB as "1 September 1931"
* Veterans Administration Form 3-7202a (Master Index Card) which lists his DOB as "1 September 1931"

3.  The FSM was discharged on 1 December 1949.  Item 10 of his WD AGO Form 53-58 lists his DOB as "1 December 1931."

4.  The FSM's available record also contain a U.S. Social Security Death Index card which lists his DOB as "1 September 1931" and his date of death as 2 November 2013.

5.  The applicant provided copies of the following:

   a.  FSM's birth and death certificates which identified an individual with the same name of record as the FSM was born on "1 September 1931" and died on 2 November 2013.

   b.  A letter, dated 27 February 2014, wherein the NPRC advised him that they had verified the FSM's month of birth should be "September" on his separation document.  They had no authority to review and approve amendments or corrections of military records.  That was a function of the Review Boards of the military service departments.  They provided him a DD Form 149 (Application for Correction of Military Record) for him to complete for appropriate action.
   
DISCUSSION AND CONCLUSIONS:

The available evidence shows the FSM's was born on "1 September 1931."  Therefore, his WD AGO form 53-58 should be corrected to show his DOB as the same.






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 deleting from item 10 of the FSM's WD AGO Form 53-58 the entry, "1 December 1931" and replacing it with the entry, "1 September 1931."



      ____________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.



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ABCMR Record of Proceedings (cont)                                         AR20140005211



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