IN THE CASE OF:
BOARD DATE: 28 May 2015
DOCKET NUMBER: AR20140017803
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 DD Form 214 (Report of Separation from the Armed Forces of the United States) of her deceased husband, a former service member (FSM), be corrected to show his year of birth as 1930.
2. The applicant states that she recently realized that the year of birth on the FSMs DD Form 214 is incorrect and desires it to be corrected.
3. The applicant provides copies of the FSMs DD Form 214 and death certificate and a copy of their marriage license.
CONSIDERATION OF EVIDENCE:
1. The FSM's 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, the documents contained in a reconstructed record and those provided by the applicant are sufficient to conduct a fair and impartial review of this case.
2. The FSM enlisted in the Regular Army on 31 July 1951 for a period of 2 years. He completed his training as a combat engineer and was subsequently transferred to Korea. He was promoted to the rank of sergeant first class on
16 February 1953 and was wounded on 17 March 1953 at Hill Little Gibraltar.
3. On 1 July 1953, he was honorably released from active duty (REFRAD). He had served 1 year, 11 months, and 2 days of active service. His DD Form 214 issued at the time of his REFRAD shows his year of birth as 1929.
4. On 17 September 2002, the FSM submitted a Standard Form 180 (Request Pertaining to Military Records) to the National Archives and Records Administration (NARA) requesting copies of his military records. In his request he indicated that his year of birth was 1929.
5. The FSM passed away on 12 September 2014 at the age of 83.
6. The birth certificate provided by the applicant shows the FSMs year of birth as 1930.
7. Army Regulation 635-5 (Separation Documents) at the time served as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.
DISCUSSION AND CONCLUSIONS:
1. It appears that the FSM enlisted in the Regular Army using a year of birth of 1929 and he served all of his service using a year of birth of 1929.
2. It also appears that he believed that his year of birth was 1929, at least until 2002 when he requested copies of his military records. Accordingly, his DD Form 214 reflects the year of birth he provided and served under.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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 applicant desires to now change his year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in the FSMs official military personnel file (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the year of birth recorded in the FSMs military record and to satisfy the applicants desire to have the FSMs current year of birth documented in his OMPF. Accordingly, there is no basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the FSM in service to the United States during the Korean War. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20140017803
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ABCMR Record of Proceedings (cont) AR20140017803
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