BOARD DATE: 11 June 2015
DOCKET NUMBER: AR20150008602
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 widow of a deceased former service member (FSM), requests, in effect, reconsideration of her earlier request for correction of the FSM's 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, in effect, she believes the misspelling of the FSM's first name was a simple administrative error.
3. The applicant provides a Department of Veterans Affairs (VA) Form 40-1330 (Application for Standard Government Headstone or Marker) and the FSM's DD Form 214, birth certificate, and death certificate.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130011619 on 15 April 2014.
2. The VA Form 40-1330 provided by the applicant was not previously considered by the ABCMR and merits consideration at this time.
3. 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 that the FSM's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
4. The FSM was born on 27 November 1931. His birth certificate shows his first name spelled as "Darwin."
5. 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. Item 1 (Last Name First Name Middle Name) of his DD Form 214 shows the spelling of his first name as "Dorwin."
6. The FSM died on 11 May 2012. His death certificate shows his first name spelled as "Darwin."
7. The VA Form 40-1330 provided by the applicant shows the FSM's first name spelled as "Darwin" and includes a remark stating his DD Form 214 shows his first name spelled as "Dorwin"; however, his first name is "Darwin" and his burial marker should read "Darwin."
8. On 15 April 2014, the ABCMR denied the applicant's request for correction of the FSM's DD Form 214 based on the FSM's limited service records and the presumption of government regularity.
9. 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. The instructions for item 1 stated to enter the last name, first name, and full middle name or names, if any.
10. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The FSM's complete military records are not available for review. His DD Form 214 shows his first name spelled as "Dorwin." However, the applicant provided copies of the FSM's birth and death certificates showing his first name spelled as "Darwin."
2. Although the ABCMR begins consideration of each case with the presumption of administrative regularity, in this case the FSM's birth and death certificates are accepted as sufficient evidence that an administrative error occurred when documenting the spelling of the FSM's first name in his military records and any doubt should be resolved in favor of the FSM.
3. Therefore, it would be appropriate to correct the FSM's DD Form 214 to show the spelling of his first name as shown on his birth certificate.
BOARD VOTE:
___X_____ __X______ __X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20130011619, dated 15 April 2014. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's DD Form 214 to show the spelling of his first name as shown on his birth certificate.
____________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) AR20150008602
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150008602
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130011619
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). 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."
ARMY | BCMR | CY2013 | 20130010684
IN THE CASE OF: BOARD DATE: 6 February 2014 DOCKET NUMBER: AR20130010684 THE BOARD CONSIDERED THE FOLLOWING 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." The available record is void of documentation showing the DOB he provided at the time of his induction.
ARMY | BCMR | CY2014 | 20140007755
The applicant, the daughter of a former service member (FSM), requests correction of her father's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show in item 1 his middle name spelled as "Fritz" instead of "Eritz." His record contains the following documents which show his middle name spelled as "Fritz": * DD Form 4 (Enlistment Record Armed Forces of the United States), dated 8 February 1960 * National Guard Bureau (NGB) Form 21B (Enlistment Agreement),...
ARMY | BCMR | CY2012 | 20120001754
Application for correction of military records (with supporting documents provided, if any). It is clear that the FSM's last name was incorrectly spelled and recorded in his military documents. Based on the forgoing evidence the FSM's military records should be corrected to show his last name as "Rasxxxxxx."
ARMY | BCMR | CY2014 | 20140002190
The FSM's complete military records are not available to the Board for review. However, his reconstructed record contains a Certification of Military Service and the applicant provides the FSM's DD Form 214 which are sufficient for the Board to conduct a fair and impartial review of this case. Therefore, it would be appropriate to correct his DD Form 214 to show his first name as Ivxx.
ARMY | BCMR | CY2008 | 20080009604
The applicant requests, in effect, that the record of her late father, a former service member (FSM), be reviewed to confirm he was a Silver Star (SS) recipient and confirm his eligibility for the Bronze Star Medal (BSM). The applicant provides the following documents in support of her request: Self-Authored Statement; Power of Attorney; two Certificates of Birth; Pennsylvania Drivers License; VA Form 40-1330 (Application for Standard Government Headstone or Marker); WD AGO Form 53-55...
ARMY | BCMR | CY2013 | 20130020516
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his: * middle name as "Lemuel" instead of "Leumaul" * his date of birth (DOB) as "9 July 1943" instead of "4 July 1943" 2. In connection with his induction, the applicant completed a DD Form 398 (Statement of Personal History) wherein he listed his middle name as "Leumuel" and his DOB as "9 July 1943." Based on the evidence of record and the evidence provided by...
ARMY | BCMR | CY2012 | 20120010133
The applicant provides: * Certificate of Birth * Marriage License * Certificate of Death * Honorable Discharge documentation COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. The evidence of record shows the FSM listed the spelling of his first name as "xxRxxx" upon his induction. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the first name "xxNxxx" from item 1 of his DD Form 214 and replacing it with the FSM's...
ARMY | BCMR | CY2006 | 20060007751C070205
The FSM’s military records are not available to the Board for review. One typed entry states, in pertinent part, “44th Evacuation Hospital France 11/44 Arm Wound.” The applicant highlighted this section of the worksheet. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show that he was awarded the Bronze Star Medal (based on award of the Combat Infantryman Badge), two bronze service stars for wear on his already...
ARMY | BCMR | CY2011 | 20110007904
There is no evidence in the FSM's OMPF showing he recorded his DOB as 17 January 1942 or 6 July 1947. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's DD Form 214 to show the spelling of his first name as shown on his Record of Induction. As a result, the Board recommends denial of so much of the application that pertains to correcting the FSM's DD Form 214 to show his DOB as 17 January 1942.