IN THE CASE OF: BOARD DATE: 1 September 2011 DOCKET NUMBER: AR201100089 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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased husband, a former service member (FSM), be corrected to show his date of birth (DOB) as December instead of June . 2. The applicant states the DOB is incorrectly listed on the FSM's DD Form 214. 3. The applicant provides the FSM's DD Form 214, certificate of birth, and certificate of death. CONSIDERATION OF EVIDENCE: 1. In connection with his enlistment in the Regular Army (RA), the FSM submitted a DD Form 373 (Consent, Declaration of Parent or Legal Guardian) on September 1959. This form listed his DOB as December . 2. He enlisted in the RA on 28 September 1959 for 3 years. Item 15 (DOB) of his DD Form 4 (Enlistment Record) listed his DOB as December . He authenticated this form by placing his signature in the appropriate place. 3. The DA Form 20 (Enlisted Qualification Record) that was created or used at the time he entered active duty shows his DOB as June . He reviewed this form at a later date and indicated the information listed on it was correct. 4. His records contain conflicting documents. a. An application for an identification card, a copy of an identification card, a Record of Emergency Data, and a Personnel Data Sheet list the applicant's DOB as  June . b. An Enlistment Record, Reports of Medical Examination, and Reports of Medical History list the applicant's DOB as December . c. The applicant authenticated some of these forms, as required, by placing his signature in the appropriate place using both DOBs. 5. He was released from active duty on 24 July 1961. Item 6 (DOB) of his DD Form 214 shows his DOB as June . He authenticated this form by placing his signature in the appropriate block. 6. The applicant provides copies of the FSM's birth and death certificates, both of which list his DOB as December . 7. Army Regulation 635-5 (Separation Documents) establishes 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. It is important that information entered on the form should be complete and accurate. DISCUSSION AND CONCLUSIONS: 1. The FSM enlisted with his parents' consent on 28 September 1959. He listed his DOB as December at the time. However, soon after his entry on active duty, he began using the DOB of June . It is unclear why the FSM used two different DOBs during his military service. 2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his DOB. 3. Nevertheless, a copy of this decisional document along with the application and supporting documents will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the different DOB he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the DOB under which he served. 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) AR201100089 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR201100089 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1