IN THE CASE OF:	  

		BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110021440 


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 son-in-law of a deceased former service member (FSM) acting on behalf of the FSM's widow, requests reconsideration of an earlier request to correct the FSM's date of birth (DOB) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states:

* the FSM's DOB is  December 
* the Department of Veterans Affairs insists on using his incorrect DOB for a headstone
* his next of kin would like it corrected so the FSM can receive a headstone with his correct DOB

3.  The applicant provides a letter from a Member of Congress, dated 19 October 2011, and the FSM's:

* birth certificate
* death certificate
* DD Form 373 (Consent, Declaration of Parent or Legal Guardian)
* initial enlistment record
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* passport



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 AR201100089 on 1 September 2011.

2.  The documentation provided by the applicant is new and will be considered by the Board.

3.  The FSM's DD Form 373, dated  September 1959, shows his DOB as  December .  He enlisted in the Regular Army on 28 September 1959 for 3 years.  His enlistment record shows his DOB as  December .  He was released from active duty on 24 July 1961.

4.  The FSM's DD Form 214 shows his DOB as  June .

5.  His service personnel records contain both DOB's,  June  and  December .

6.  The FSM died on 17 January 2011.  His birth certificate and death certificate show his DOB as  December .

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM was born on  December  and the FSM's birth certificate, 1959 DD Form 373, enlistment record, and death certificate support this contention.

2.  Based on the foregoing, it would be appropriate to correct the FSM's DD Form 214 to show his DOB as  December .

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 AR201100089, dated 1 September 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the DOB shown on his DD Form 214 and replacing it with the entry " December ."



      ____________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)                                         AR20110021440



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110021440



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1