MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          17 September 2002
	DOCKET NUMBER:   AR2002075352

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

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Ms. Karen A. Heinz		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
records
	Exhibit B - Military Personnel Records (including
advisory opinion, if any)

APPLICANT REQUESTS:  That his Enlisted Record and Report of Separation, WD AGO Form 53-55, be amended to show his correct date of birth.

APPLICANT STATES:  In effect, that a human error resulted in an incorrect date of birth being entered on his WD AGO Form 53-55.  He provides his certificate of birth and a reconstructed copy of his WD AGO Form 53-55 as supporting evidence.

EVIDENCE OF RECORD:  The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973.  Information contained herein was obtained from alternate sources.

The provided copy of the applicant’s WD AGO Form 53-55 is a reconstructed, certified copy.  It shows he entered active service on 16 October 1942 and separated on 17 January 1947.  Item 10 shows his date of birth as 4 June 1947.  

The provided certificate of birth shows the applicant’s date of birth as 4 June 1921.

Title 10, U. S. Code, section 1552 provides that the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board is authorized to correct any military record to correct an error.  However, in this case, the military record is not available.  The WD AGO Form 53-55 provided appears to be a civilian-reconstructed copy of a military record.  As such, it cannot be determined whether the error occurred in the original military record or with the typing of the reconstructed document.  

2.  While it would not be appropriate to correct the reconstructed WD AGO Form 53-55, it would be appropriate to file a certificate in the applicant’s records showing that his date of birth is 4 June 1921.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

NOTE:  The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by issuing to him a certificate showing his correct date of birth is 4 June 1921 and filing that certificate in his records.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__EJA__  __TBR___  ___KAH__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075352	
SUFFIX		
RECON		
DATE BOARDED	2002/09/17	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.