IN THE CASE OF:	

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080014695 


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 that his date of birth (DOB) be corrected from 1924 to 1923.

2.  The applicant states that the DOB listed on his discharge is wrong.

3.  The applicant provides a birth certificate showing a child with his name was born on the same day and month as shown on the applicant's separation document (WD AGO Form 53-55).

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military records could not be located, and are presumed to have been destroyed at the fire at the records repository at St. Louis, Missouri, in 1973.  The information contained herein was derived solely from the documents provided by the applicant.

3.  The applicant was inducted on 6 April 1943 and entered active duty on 13 April 1943.  He was awarded the military occupational specialty of truck driver and was promoted to private first class.  He served in the European theater of operations from 7 March 1944 to 18 March 1946.

4.  He was honorably released from active duty on 31 March 1946 due to demobilization.  His separation document shows that he was born in 1924.

DISCUSSION AND CONCLUSIONS:

1.  While the day and month shown on the birth certificate submitted by the applicant are the same as that shown on the WD AGO Form 53-55, without the applicant's records to see what DOB he listed on his induction papers there is insufficient evidence in which to change something as important as a DOB.

2.  As such, there is insufficient evidence in which to grant the applicant's request.

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)                                         AR20080014695



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ABCMR Record of Proceedings (cont)                                         AR20080014695


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