Mr. Carl W. S. Chun | Director | |
Ms. Nancy L. Amos | Analyst |
Mr. Elzey J. Arledge, Jr. | Chairperson | ||
Mr. Thomas B. Redfern, III | Member | ||
Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: That his Enlisted Record and Report of Separation, WD AGO Form 53-55, be amended to show his correct date of birth.
APPLICANT STATES: In effect, that a human error resulted in an incorrect date of birth being entered on his WD AGO Form 53-55. He provides his certificate of birth and a reconstructed copy of his WD AGO Form 53-55 as supporting evidence.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.
The provided copy of the applicant’s WD AGO Form 53-55 is a reconstructed, certified copy. It shows he entered active service on 16 October 1942 and separated on 17 January 1947. Item 10 shows his date of birth as 4 June 1947.
The provided certificate of birth shows the applicant’s date of birth as 4 June 1921.
Title 10, U. S. Code, section 1552 provides that the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The Board is authorized to correct any military record to correct an error. However, in this case, the military record is not available. The WD AGO Form 53-55 provided appears to be a civilian-reconstructed copy of a military record. As such, it cannot be determined whether the error occurred in the original military record or with the typing of the reconstructed document.
2. While it would not be appropriate to correct the reconstructed WD AGO Form 53-55, it would be appropriate to file a certificate in the applicant’s records showing that his date of birth is 4 June 1921.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
NOTE: The Army Review Boards Agency, Support Division, will be directed to administratively correct the applicant’s records by issuing to him a certificate showing his correct date of birth is 4 June 1921 and filing that certificate in his records.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__EJA__ __TBR___ ___KAH__ DENY APPLICATION
CASE ID | AR2002075352 |
SUFFIX | |
RECON | |
DATE BOARDED | 2002/09/17 |
TYPE OF DISCHARGE | |
DATE OF DISCHARGE | |
DISCHARGE AUTHORITY | |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 100.00 |
2. | |
3. | |
4. | |
5. | |
6. |
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