IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20080003629
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 that his Army of the United States Separation Qualification Record (WD AGO Form 100) be corrected to show his date of birth as 20 February 1923 instead of 20 February 1943. He also requests that his Enlisted Record and Report of Separation (WD AGO Form 53-55) be corrected to show his overseas service both in England and France, with at least 6 months of duty in France.
2. The applicant states that his actual date of birth is 20 February 1923 and that his records should be corrected to formally show his service both in England and in France during World War II.
3. The applicant provides in support of his application, a copy of his Honorable Discharge Certificate; three copies of his WD AGO Form 53-55; and a copy of his WD AGO Form 100.
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 applicant's 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 applicant's records were lost or destroyed in that fire. However, there were sufficient documents that were obtained from alternate sources to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army in Columbus, Ohio, on 1 February 1943 and entered active duty service on 8 February 1943. He successfully completed his training as an automobile mechanic.
4. After completing 3 years, 2 months, and 15 days of active service, the applicant was honorably discharged on 25 April 1946, under the provisions of Army Regulation 615-365, for the convenience of the government, due to demobilization.
5. The WD AGO Form 53-55 that he was furnished at the time of his discharge shows his date of birth as 20 February 1923. However, his WD AGO Form 100 erroneously shows his date of birth as 20 February 1943. His WD AGO Form 53-55 also shows that he had 2 years, 6 months, and 13 days of Foreign Service.
DISCUSSION AND CONCLUSIONS:
1. It appears that an error was made during the processing of the applicant's WD AGO Form 100 which resulted in the incorrect date of birth being reflected.
2. The applicant's WD AGO Form 53-55 clearly shows his date of birth as 20 February 1923 and it is reasonable to presume that his WD AGO Form 100 is incorrect as he could not have been born in 1943 and be discharged in 1946. Therefore the date of birth reflected on his WD AGO Form 100 is incorrect and should show the same date of birth reflected on his WD AGO Form 53-55.
3. However, in regard to correcting his WD AGO Form 53-55 to show his service in England and France, his WD AGO Form 53-55 properly shows that he had 2 years, 6 months, and 13 days of Foreign Service. At the time of his discharge there were no provisions for listing the countries in which he served overseas. Therefore, there is no basis for granting this portion of the applicants request.
4. In view of the foregoing, it would now be appropriate to correct the applicant's records as recommended below.
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 by corrected by providing an appropriate document to correct the applicants date of birth currently reflected on his WD AGO Form 100 to read 20 February 1923.
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 amending his WD AGO Form 53-55 to formally list the countries of England and France, which is presumed to be already included as part of his total period of foreign service.
___ 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.
ABCMR Record of Proceedings (cont) AR20080003629
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