RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 December 2005
      DOCKET NUMBER:  AR20050005233


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassel             |     |Member               |
|     |Mr. Michael J. Flynn              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his military records
to show his date of birth as 24 January 1924 instead of 2 December 1922.
The applicant also requests "a re-issue" of all his awards and decorations.

2.  The applicant states, in effect, that he lied about his date of birth
so that he could enlist.

3.  The applicant provides:

      a.  a Certificate of Birth from the City of Williamsport,
Pennsylvania, with raised seal, that certifies that the records of birth in
Williamsport, Pennsylvania show that George Robert Johnson, Jr. was born on
24 January 1924; and

      b.  a copy of his WD AGO Form 53-55 (Enlisted Record and Report of
Separation - Honorable Discharge) with a date of separation of 21 June
1945.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 June 1945, the date of his discharge.  The application
submitted in this case is dated 4 March 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military personnel records were most likely lost or
destroyed in a fire at the National Personnel Records Center in 1973.  The
records available to the Army Board For Correction of Military Records were
provided by the applicant.  The primary record available to this Board is
the applicant’s WD AGO Form 53-55 (Enlisted Record and Report of Separation
and Honorable Discharge).

4.  The applicant's WD AGO Form 53-55 showed that he enlisted in the U.S.
Army on 10 November 1941.  He served in the European-African-Middle Eastern
Theater during the period from 11 May 1942 to 8 June 1945.  The applicant
was
discharged on 21 June 1945 due to demobilization.  He had completed 3
years,
7 months, and 12 days of active service that was characterized as
honorable.

5.  Item 10 (Date of Birth) of the applicant's WD AGO Form 53-55 showed his
date of birth as 2 December 1922.

6.  Requests for the issuance or replacement of military service medals,
decorations, and awards do not fall within the jurisdiction of the Board.
For Army personnel, the National Personnel Records Center verifies the
awards to which a veteran is entitled and forwards the request with the
verification to the service department for issuance of the medals.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his date of birth is incorrect.

2.  Since the applicant's military records were probably destroyed in the
St. Louis fire in 1973, there are no official records, i.e. enlistment
documents, to show what date of birth the applicant entered when he
enlisted.  There is no evidence to show what document the applicant used to
verify his date of birth.  Therefore, there is insufficient evidence to
grant relief in this case

3.  It is noted that the Army has an obligation, for historical purposes,
to maintain records as they were constituted at the time of creation.  The
fact that the applicant wants to change his date of birth 60 years after
his military service ended would be insufficient to justify changing his
military records, as they were originally constituted.

4.  The Board wishes to advise the applicant that a copy of this decisional
document, along with his application and the supporting evidence he
provided, which shows his date of birth on his birth certificate, will be
filed in his Official Military Personnel File (OMPF).

5.  While the replacement of medals does not fall within the jurisdiction
of the Board, the applicant can submit a request for "a re-issue" of all
his awards and decorations to:

      National Personnel Records Center
      MEDALS SECTION (NRPMA-M)
      9700 Page Boulevard
      St. Louis, Missouri 63132-5100

6.  Records show the applicant should have discovered the error or
injustice now under consideration on 21 June 1945, the date of his
discharge. However, the ABCMR was not established until 2 January 1947.
Therefore, the time for the applicant to file a request for correction of
any error or injustice expired on
1 January 1950.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___mjf___  ____lgh_  ____jns__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __________John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050005233                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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