BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20120022779 


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 of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to show his birth year as "1922" instead of "1942."

2.  The applicant states, in effect, the FSM's birth year listed on his WD AGO Form 53-55 is incorrect.

3.  The applicant provides:

* The FSM's birth certificate
* Power of Attorney
* WD AGO Form 53-55
* War Department Form 372A (Final Pay – Work Sheet)

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 FSM's complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  This case is being considered using the documents the applicant provides.

3.  The FSM's WD AGO Form 53-55 shows:

* in item 10 (Date of Birth), his birth year as 1942
* he was inducted into the Army of the United States on 14 October 1942
* he was honorably discharged on 22 October 1945

4.  The applicant provides a copy of the FSM's birth certificate which shows his birth year as 1922.

5.  War Department Technical Manual (TM) 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provided uniform procedures in discharging or releasing personnel from active duty.  The instructions for completing the WD AGO Form 53-55 stated that the form was to be completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of the FSM's WD AGO Form 53-55 to show his birth year as 1922 instead of 1942 was carefully considered.

2.  The FSM's birth certificate shows his birth year as 1922.  Based on the birth year shown on his WD AGO Form 53-55 he would have been 3 years old at the time of discharge.  It is obvious that an administrative error was made when his birth year was recorded on his WD AGO Form 53-55.  Therefore, he is entitled to correction of his WD AGO Form 53-55 to show his correct birth year.



BOARD VOTE:

___x_____  ___x_____  __x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 amending his WD AGO Form 53-55 by deleting from item 10 the entry "1942" and adding the entry "1922."




      _______ _ 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)                                         AR20120022779



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ABCMR Record of Proceedings (cont)                                         AR20120022779



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