BOARD DATE: 27 October 2015
DOCKET NUMBER: AR20150004529
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 service member (FSM), requests correction of the date of birth (DOB) shown on the FSM's DD Form 214 (Report of Separation from the Armed Forces of the United States).
2. She states the FSM's DOB should be 12 May 1931 vice 12 May 1932. She states the error must be corrected before entering the correct DOB on the FSMs headstone.
3. The applicant provides the FSMs:
* driver's license with the DOB of 12 May 1931
* New York City (NYC) Police Department Identification (ID) Card with the DOB of 12 May 1931
* DD Form 214
* death certificate with a DOB of 12 May 1931
CONSIDERATION OF EVIDENCE:
1. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC), St. Louis, MO, in 1973. It is believed his records were lost or destroyed in that fire. This case is being considered using the documents the applicant provides and a reconstructed record from the NPRC.
2. On 30 January 1952, the applicant enlisted in the Regular Army. On
5 January 1954, he was honorably released and transferred the U.S. Army Reserve. The DD Form 214 the FSM was issued shows his DOB as
12 May 1932.
3. There are no documents in the available military personnel records that show his DOB as 12 May 1931.
4. The applicant provides a copy of the FSMs driver's license, NYC Police Department ID card, and his Death Certificate that show his DOB as
12 May 1931.
5. Army Regulation 635-5 (Separation Documents) at the time established the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
1. 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 FSMs spouse desires to record the FSMs DOB in his military records as it is listed on his death certificate and other documents she provided, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. The applicant is advised that a copy of this decisional document will be filed in the FSMs MPRJ. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his reconstructed record and the DOB shown on the documents the applicant has provided.
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) AR20140005280
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ABCMR Record of Proceedings (cont) AR20150004529
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