IN THE CASE OF: BOARD DATE: 15 January 2015 DOCKET NUMBER: AR20140009489 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 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his date of birth (DOB) as 4 January 19XX vice 14 January 19XX. 2. The applicant states his DOB is listed incorrectly on his WD AGO Form 53-55. 3. The applicant provides his WD AGO-53-55, Honorable Discharge Certificate, and a certificate of birth. 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 complete 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 the applicant's records were lost or destroyed in that fire. However, his reconstructed record contains, and he provides, his WD AGO 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case. 3. The applicant's WD AGO Form 53-55 shows was inducted into the Army of the United States (AUS) on 14 January 1943 and he entered active duty on 21 January 1943. 4. He was honorably discharged on 30 November 1945 at Fort Dix, NJ. Item 10 (DOB) of the WD AGO 53-55 he was issued contains the entry 14 January 19XX. DISCUSSION AND CONCLUSIONS: 1. The applicant's WD AGO Form 53-55 shows his DOB as when this form was prepared. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DOB was listed as the DOB he used when he was inducted into the AUS. 2. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice there is a reluctance to recommend that those records be changed. While it is understood that the applicant desires to have the DOB shown on his birth certificate documented in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Therefore, there is an insufficient evidentiary basis for granting his request. 3. A copy of this decisional document will be filed in the applicant’s military records to clarify the discrepancy between the DOB shown in his records and that shown on his birth certificate. 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) AR20140009489 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140009489 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1