RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 May 2007
DOCKET NUMBER: AR20060014742
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.
x
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 correction of his Induction Record to show his date of birth (DOB) as 6 September 1925.
2. The applicant states that his DOB is incorrect.
3. The applicant provides a copy of his birth certificate and drivers license.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which occurred in January 1946. The application submitted in this case is dated 19 October 2006.
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 applicants failure to timely file.
3. The applicants 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 that the applicants records were lost or destroyed in that fire. However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.
4. The applicant was inducted into the Army on 14 May 1943 and was discharged sometime in January 1946. His WD AGO Form 53-55 (Enlisted Record and Report of Separation) is not available.
5. His Induction Record shows his DOB as 1 January 1925.
6. The applicants provided a copy of his Delaware drivers license which shows his DOB as 6 September 1925.
7. The applicant provided a copy of his birth certificate from the Williamsburg County Health Department, Bureau of Kingstree, Vital Statistics, South Carolina. This document also shows his DOB as 6 September 1925.
DISCUSSION AND CONCLUSIONS:
1. The applicants birth certificate and his drivers license show his DOB as 6 September 1925. However, his Induction Record erroneously reflects his DOB as 1 January 1925.
2. Therefore, it would be appropriate to amend the applicants Induction Record to show his DOB as 6 September 1925.
3. Records show the applicant should have discovered the error or injustice now under consideration on the date of his separation from active duty. 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. The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.
BOARD VOTE:
x_____ x_____ x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file. As a result, the Board recommends that the Induction Record of the individual concerned be corrected by showing his DOB as 6 September 1925.
x____________
CHAIRPERSON
INDEX
CASE ID
AR20060014742
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070501
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES 1.
100.0000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2014 | 20140012094
The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. Upon induction into the U.S. Army in April 1943, the applicant reported that his DOB was "X October 1924" (i.e., that he was 18 years of age).
ARMY | BCMR | CY2013 | 20130008491
The applicant's military records are not available to the Board for review. The applicant's record is void of his induction documents that shows the DOB he recorded upon his entry into military service. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File).
ARMY | BCMR | CY2008 | 20080019584
Application for correction of military records (with supporting documents provided, if any). This document shows the applicant corrected his record of birth to show his correct DOB as 18 December 1925. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB and POB, will be filed in the applicants NPRC file, which now serves as his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2010 | 20100020646
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his branch of service * his correct date of birth (DOB) * the correct spelling of his last name 2. The evidence clearly shows a clerical error in the recording of his DOB on his WD AGO Form 53-55.
ARMY | BCMR | CY2013 | 20130009059
IN THE CASE OF: BOARD DATE: 23 January 2014 DOCKET NUMBER: AR20130009059 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of item 10 (Date of Birth (DOB)) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his DOB as X June 1925 vice X January 1925. 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...
ARMY | BCMR | CY2011 | 20110013094
A DD Form 47 (Record of Induction) shows his DOB with the year 1944. Item 9 (Date of Birth) of his DD Form 214 shows his DOB with the year 1944. There is sufficient evidence to show the year shown for his DOB on his DD Form 214 is incorrect.
ARMY | BCMR | CY2011 | 20110001956
The applicant states he was awarded the Purple Heart in the Asiatic-Pacific theater of operations (APTO) in September 1945 and it was somehow lost. The applicant's complete military records are not available for review. ABCMR Record of Proceedings (cont) AR20110001956 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110001956 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1
ARMY | BCMR | CY2013 | 20130010684
IN THE CASE OF: BOARD DATE: 6 February 2014 DOCKET NUMBER: AR20130010684 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that the records of his uncle, a former service member (FSM), be corrected to show his date of birth (DOB) as "16 September 1924" vice "16 September 1925." The available record is void of documentation showing the DOB he provided at the time of his induction.
ARMY | BCMR | CY2011 | 20110005069
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 27 July 1948 instead of 27 February 1948. His DD Form 47 (Record of Induction) shows his DOB as 27 July 1948. His DD Form 47, Standard Form 93, Standard Form 88, and other documents all show his DOB as 27 July 1948.
ARMY | BCMR | CY2007 | 20070008665
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 October 2007 DOCKET NUMBER: AR20070008665 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. The FSM's military records are not available to the Board. The applicant provided the FSM's original certificate of death from the State of Alabama, which shows the FSM's DOB as 24 May 1925, and the FSM's date of...