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Decision Text

ARMY | BCMR | CY2002 | 2002072974C070403
Original file (2002072974C070403.rtf) Auto-classification: Approved

PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 29 August 2002
         DOCKET NUMBER: AR2002072974


         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. Joseph A. Adriance Analyst


The following members, a quorum, were present:

Ms. Margaret K. Patterson Chairperson
Mr. Christopher J. Prosser 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 the date of birth (DOB) listed in his separation document (WD AGO Form 53-55) be corrected to reflect the proper year of birth.

3. The applicant states, in effect, that his year of birth is 1927 and that the year of birth recorded in his separation document, 1922, is erroneous. In support of his application, he provides a copy of his birth certificate and a copy of his honorable discharge.

4. The applicant’s military records show that he was inducted into the Army of the United States and entered active duty on 23 May 1945. He continuously served on active duty for 1 year, 1 month and 23 days until being honorably separated on 15 July 1946.

5. A Report of Physical Examination and Induction (DSS Form 221) prepared on the applicant during his induction processing confirms in Item 7 (Birthdate of Registrant) that the year of his birth was 1927. This year of birth is repeatedly entered in documents and records prepared on the applicant throughout his active duty tenure.

6. The DOB listed in Item 3 (Date of Birth of Soldier) in the applicant’s Soldier’s Qualification Record (WD AGO Form 20) is not clearly defined and could be read as either 1922 or 1927. The WD AGO Form 53-55 issued to the applicant on the date of his separation from active duty lists his year of birth as 1922 in
Item 10 (Date of Birth).

7. In support of his application, the applicant provided a copy of his birth certificate that shows his year of birth as 1927, and a copy of his discharge certificate which lists the year of his birth as 1922, which he claims is an error.

CONCLUSIONS:

1. The Board notes the applicant’s contention that the year of his birth contained in his separation document of 1922 is incorrect, and it finds this claim has merit.

2. The evidence of record confirms that the year of the applicant’s birth is 1927. This is verified in his record of induction and various other documents created throughout his military service. It is also corroborated by the year of birth recorded in the copy of the birth certificate provided by the applicant. Thus, the Board concludes it would be appropriate to correct the applicant’s separation document to show his year of birth as 1927, in lieu of the year or birth of
1922 currently recorded in this document.

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 amending the entry in Item 10 (Date of Birth) of the WD AGO Form 53-55, dated 15 July 1946, of the individual concerned to show his year of birth as
1927 vice 1922, as is currently listed; and by providing him a corrected separation document that reflects this change.

BOARD VOTE:

__MKP__ __CJP __ _ _HBO__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Margaret K. Patterson__
                  CHAIRPERSON




INDEX

CASE ID AR2002072974
SUFFIX
RECON
DATE BOARDED 2002/08/29
TYPE OF DISCHARGE HD
DATE OF DISCHARGE 1946/07/15
DISCHARGE AUTHORITY AR 615-365
DISCHARGE REASON Conv of Govt
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 3 100.0200
2.
3.
4.
5.
6.



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