RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070008665 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John Meixell

Member

Mr. David Tucker

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her deceased husband's, the former service member's (FSM), date of birth (DOB) be changed to read 24 May 1925 on his discharge document.

2.  The applicant states that her deceased husband's date of birth is incorrect on his discharge document.

3.  The applicant provides copies of her deceased husband's discharge document, birth certificate, marriage certificate, and death certificate.

CONSIDERATION OF EVIDENCE:

1.  The FSM's military records are not available to the Board.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that the applicant’s records were lost or destroyed in that fire.  This case is being considered using reconstructed records, which primarily consist of the FSM's honorable discharge document from the Army of the United States.

2.  The FSM's discharge document submitted with the application shows that H. David S___________, the Colbert County Veterans Service Officer (VSO) certified that this discharge document with a separation date of 26 January 1946 is a true and exact copy of either an original document or a copy issued by the service department.   

3.  The FSM entered active duty on 2 July 1943, was promoted to the rank of private first class, and was honorably release from active duty on 26 January 1946 due to demobilization. 

4.  Item 10 (Date of Birth) of the FSM's discharge document shows the entry "6 November 1924".

5.  The applicant provided the FSM's birth certificate from the State of Alabama, which shows the FSM's DOB as 24 May 1925.  This birth certificate is a copy and the VSO of Colbert County certified it as a true and exact copy of either an original document or a copy issued by the public custodian of public records.  

6.  The applicant provided the FSM's original certificate of death from the State of Alabama, which shows the FSM's DOB as 24 May 1925, and the FSM's date of death as 25 March 2007.
DISCUSSION AND CONCLUSIONS:

1.  The preponderance of evidence shows that the FSM's DOB is actually 24 May 1925.  It is evident that the FSM provided an inaccurate date of birth so he could enlist to defend the United States during a time of Total Mobilization.

2.  As such, it would be equitable and just to now correct the FSM's records to show his date of birth as 24 May 1925. 

BOARD VOTE:

__JS____  __JM ___  __DT   __  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 to show the FSM's date of birth is 24 May 1925.




_____   John Slone__________
          CHAIRPERSON




INDEX

CASE ID
AR20070008665
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070008665
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT 
REVIEW AUTHORITY

ISSUES         1.
100.0200
2.

3.

4.

5.

6.