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ARMY | BCMR | CY2002 | 2002069370C070402
Original file (2002069370C070402.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 11 June 2002
         DOCKET NUMBER: AR2002069370


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

Mr. Carl W. S. Chun Director
Mr. William Blakely Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Mr. Roger W. Able Member
Mr. Harry B. Oberg Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests, in effect, that his separation document (WD AGO Form 53-55) be corrected to show his date of birth (DOB) as 27 October 1927.

3. The applicant states, in effect, that the date of 22 October 1927 listed in Item
10 (Date Of Birth ) of his WD AGO Form 53-55 is incorrect. In support of his application, he submits a copy of his certificate of birth and a copy of his
WD AGO Form 53-55.

4. The applicant's military records were lost or destroyed in a fire at the National Personnel Records Center fire in 1973. The information herein was gleaned from a copy of the WD AGO Form 53-55 that was provided with his application.

5. The applicant’s WD AGO Form 53-55 shows that he was inducted into the Army of the United States on 27 March 1946, and that he continuously served on active duty for 1 year, 1 month, and 9 days until being honorably separated on
5 May 1947. This document also shows that he was trained and served in military occupational specialty (MOS) 055 (Clerk General) and that during his tenure on active duty he earned the Army of Occupational Medal and the World War II Victory Medal. Item 10 (Date of Birth ) of his WD AGO Form 53-55 contains the entry 22 October 1927.

6. The applicant provides a copy of a Certificate of Birth, dated 7 June 1989, issued by the Register of Deeds, Cabarrus County, North Carolina. which contains a raised seal and confirms that the applicant was born on 27 October 1927.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the DOB listed in Item 10 (Date Of Birth) of his WD AGO Form 53-55 is incorrect and it finds this claim has merit.

2. The Board finds the certificate of birth provided by the applicant provides sufficient evidence to confirm his correct DOB is 27 October 1927 and not
22 October 1927, as is indicated in Item 10 of his WD AGO Form 53-55. Therefore, the Board concludes the incorrect DOB entry currently listed in the applicant’s separation document was the result of an administrative error and it would be appropriate to correct this error at this time.

3. In view of the foregoing, the applicant’s records should be corrected as recommended below.


RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing the DOB of individual concerned is 27 October 1927; and by issuing him a corrected separation document that corrects the current incorrect DOB entry contained in Item 10 (Date Of Birth) of his 5 May 1947 WD AGO Form
53-55.

BOARD VOTE:

__FNE__ __RWA__ __HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn___
                  CHAIRPERSON




INDEX

CASE ID AR2002069370
SUFFIX
RECON YYYYMMDD
DATE BOARDED 2002/069370
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (GRANT)
REVIEW AUTHORITY
ISSUES 1. 100.000
2.
3.
4.
5.
6.



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