IN THE CASE OF:
BOARD DATE: 17 June 2008
DOCKET NUMBER: AR20080001448
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his WD AGO Form 100 (Separation Qualification Record) to show his date of separation in 1947 instead of 11 December 1946 and his date of birth as 15 November 1926 instead of 15 November 1946.
2. The applicant states that he entered the Army in 1945 and was discharged approximately 18 months later, in 1947. He also adds that he was born in 1926, not 1946.
3. The applicant provides the following additional documentary evidence in support of his application:
a. Copy of his WD AGO Form 100, dated 11 December 1946.
b. Copy of his Certificate of Birth, dated (issued) 23 July 2001.
c. Copy of his Honorable Discharge Certificate, dated 30 October 1949.
d. Copy of Headquarters, Third Army, Fort McPherson, Georgia, Memorandum, dated 16 November 1949, Honorable Discharge.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. 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, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) is not available for review with this case.
4. The applicant's WD AGO Form 100 shows that he entered active duty on 15 November 1945 and held military occupational specialty (MOS) 931 (Heavy Truck Driver).
5. Headquarters, War Department Separation Center, Fort Bragg, North Carolina, Special Orders Number 278, dated 31 October 1946 shows he was honorably separated on 11 December 1946.
6. The applicants WD Form 372A (Final Payment Worksheet) shows the applicants final pay was computed through his separation date on 11 December 1946.
7. Item 7 (Date of Separation) of his WD AGO Form 100, shows the entry 11 December 1946. Furthermore, Item 8 (Date of Birth) of this form shows the entry 15 November 1946.
8. The applicant submitted a copy of his Certificate of Birth, dated (issued) on 23 July 2001 that shows he was born on 15 November 1926.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant entered active military service on 15 November 1945. He was honorably separated on 11 December 1946, which is correctly shown on his WD AGO Form 100. Therefore, no further correction of this form is required.
2. The evidence of record also shows that the applicant was born on 15 November 1926 and that his date of birth is incorrectly shown on his WD AGO Form 100 as 15 November 1946; therefore, he is entitled to correction of his records to show his correct date of birth.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__xxx___ __xxx___ __xxx___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing an appropriate document showing the applicants date of birth as
15 November 1926.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to changing the applicants date of separation.
XXX
_______________________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
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