IN THE CASE OF:
BOARD DATE: 16 SEPTEMBER 2008
DOCKET NUMBER: AR20080005775
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show his date of birth (DOB) as 25 May 1928.
2. The applicant states, in effect, that he enlisted in the Army when he was
16 years old. He contends he could not maintain a job and did not have a birth certificate, so he joined the Army. He lied and told Army authorities that he was 18 years old. He served honorably for nearly 2 years and was promoted to corporal/E-4.
3. The applicant provides a copy of his WD AGO Form 53-55; a copy of his baptismal certificate; and a letter from the Social Security Administration.
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. Therefore, a decision is being made on the evidence submitted by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 January 1945 and served in military occupational specialty 747 (Airplane and Engine Mechanic). This form also shows that he was assigned to Battery B, 121st Field Artillery Battalion while he served in the Asiatic-Pacific Theater of Operations during the period 17 September 1945
7 October 1946. He attained the grade of corporal/E-4.
4. The applicant's WD AGO Form 535-55 shows his DOB as 24 September 1926.
5. The applicant provided a copy of his baptism certificate showing he was born on 25 May 1928. The Social Security Administration verifies that its records show he was born on 25 May 1928.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. In pertinent part it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. Each entry is verified from the official record.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he lied about his age when he enlisted in the Army at the age of 16.
2. The evidence of record shows the applicant was inducted into the Army of the United States and he did not voluntarily enlist. The evidence also shows that the DOB entered on the applicant's discharge document is the date the applicant reported to Army officials as his DOB.
3. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973 and it is believed that the applicants records were lost or destroyed in that fire. The only available evidence for review is the documentation submitted by the applicant. Based upon the available documentation, there is insufficient evidence upon which to base a change in his DOB and presumption of administrative regularity attaches.
4. Further, for historical purposes, the Army has an interest in maintaining the integrity of its records. The date and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. The applicant reported his DOB as 24 September 1926 and signed his discharge document attesting to its accuracy. As such, he has not provided any evidence of error or injustice in his record.
5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
___ 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) AR20080005775
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ABCMR Record of Proceedings (cont) AR20080005775
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