ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20180015938


APPLICANT REQUESTS:  correction of her father's, a deceased former Service 
member (FSM), DD Form 214 (Report of Separation from the Armed Forces of the 
United States), dated November 10, 1954 by listing his date of birth (DOB) in item 10 
(DOB) as "XX XXXX XXX3" instead of "XX XXX XXXX."
APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214
*	Certificate of Death
*	Certificate of Birth

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The FSM's complete military record is not available to the Board for review.  A fire 
destroyed approximately 18 million service members' records at the National Personnel 
Records Center (NPRC) in 1973.  It is believed that his records were lost or destroyed 
in that fire.  However, there were sufficient documents on file for the Board to conduct a 
fair and impartial review of this case.  This case is being considered primarily using his 
DD Form 214 and documents provided by the NPRC.

3.  The FSM was inducted into the Army of the United States on 8 December 1952.

4.  The FSM's record contains Assignment Memorandum Number 252 issued by 
Headquarters, ASU Reception Center, Fort Jackson, SC on 8 December 1952 which 
lists the FSM's DOB as "XX XXX XXXX."

5.  The FSM was released from active duty on 10 November 1954.  His DD Form 214, 
item 10 (DOB) lists his DOB as "XX XXX XX."
6.  The available military records do not record the FSM's DOB as the applicant 
requests.

7.  The applicant provides a Certificate of Birth from the State of Mississippi Bureau of 
Vital Statistics, which lists the FSM's DOB as "XX XXX XXXX."

8.  The DD Form 214 is a synopsis of the Soldier's most recent period of continuous 
active service.  It provides a brief, clear-cut record of active Army service at the time of 
release from active duty, retirement, or discharge.  Item 10 (DOB) is self-explanatory.  

BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board discussed the applicant’s father’s induction, noted 
that his was a burned record and that an error may have occurred upon the Soldier’s 
induction that carried through to his separation document.  The Board determined, 
based on the preponderance of evidence, that a correction to the Soldier’s record was 
warranted.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was warranted.
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

: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 a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by deleting the current Date 
of Birth (DOB) shown on his DD Form 214 for the period of service ending 10 November 
1954 and replacing it with the DOB shown on the Certificate of Birth provided.




	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable



REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Army Regulation 635-5 (Separations Documents), 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 the 
preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the 
Soldier's most recent period of continuous active service.  It provides a brief, clear-cut 
record of active Army service at the time of release from active duty, retirement, or 
discharge.  Item 9 (DOB) is self-explanatory.

ABCMR Record of Proceedings (cont)	 AR20180015938

4

1