IN THE CASE OF:	

		BOARD DATE:	 16 December 2010

		DOCKET NUMBER:  AR20100016765


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 correction of his WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) to show his date of birth (DOB) as "8 July 1930" instead of "8 July 1929."

2.  The applicant states his DOB is incorrectly recorded on his WD AGO Form 53.

3.  The applicant provides his WD AGO Form 53, dated 16 August 1948, and an undated copy of his birth certificate in support of his request.

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 are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant's WD AGO Form 53 shows he enlisted in the Regular Army on 25 March 1947.  A copy of his enlistment record is not available for review with this case.

4.  The applicant's WD AGO Form 53 also shows that at the time of separation he held military occupational specialty 345 (Truck Driver Light).  He was honorably separated on 16 August 1948.

5.  Item 10 (Date of Birth) of the applicant's WD AGO Form 53 shows his DOB as 8 July 1929.

6.  The applicant submitted an undated copy of his birth certificate that shows his DOB as "8 July 1930."  However, there is a hand-written line through the numeral "2" in "192_" and hand-written numerals "30" inserted above the "2_."

7.  War Department Technical Manual 12-236 (Preparation of Separation Forms), then in effect, and Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  These regulations establish standardized policy for the preparation of the separation document.  In pertinent part, they state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his WD AGO Form 53 should be amended to show his correct DOB.

2.  The applicant's enlistment record is not available for review with this case.  It is unclear what DOB the applicant used upon enlistment into the Army.  In the absence of his enlistment document, it is presumed that the DOB shown on his WD AGO Form 53 is correct.

3.  The Army has an interest in maintaining the integrity of its records for historical purposes.  The information in his records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the records in this case.

4.  A copy of this decisional document along with the application will be filed in his military service records.  This should serve to clarify any questions or confusion regarding the applicant's different DOB's and adequately document his DOB in his record for the purpose of entitlement to veterans' benefits.

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 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)                                         AR20090012437



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ABCMR Record of Proceedings (cont)                                         AR20100016765



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