IN THE CASE OF:
BOARD DATE: 29 January 2009
DOCKET NUMBER: AR20080010362
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 date of birth (DOB) on his WD AGO Form 53-55 (Enlisted Records and Report of Separation) from 21 February 1921 to 23 May 1922.
2. The applicant states that his WD AGO Form 53-55 shows an incorrect DOB and that he is having trouble getting proper identification and/or a passport.
3. The applicant provides a copy of his WD AGO Form 53-55, dated 8 December 1946, and a copy of his birth certificate, dated (issued) 9 February 1988, in support of his request.
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 applicants DSS Form 221 (Report of Physical Examination and Induction) shows that prior to his induction, the applicant underwent a physical and mental examination at Fort Buchanan, Puerto Rico (PR) on 30 January 1946. Item 7 (Birth Date of Registrant) of this form shows the applicants DOB as 21 February 1921.
4. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty at Fort Buchanan, PR, on 25 January 1946.
5. Item 3 (Date of Birth of Soldier) of the applicants Soldiers Qualification Card, dated (created on) 25 June 1946 shows the entry 21 February 1921.
6. The applicants WD AGO Form 24A (Service Record), covering the period from 25 January 1946 to 6 December 1946, shows the applicants DOB as 21 February 1921.
7. The applicants WD AGO 38 (Report of Physical Examination of Enlisted Personnel Prior to Discharge or Release from Active Duty or Retirement) shows he underwent a medical examination on 20 November 1946, prior to his separation. This form shows the applicants DOB as 21 February 1921.
8. The applicants reconstructed record contains a WD AGO Form 30-S (Allotment Discontinuance) that also shows his DOB as 21 February 1921.
9. The applicant was honorably separated on 8 December 1946. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his DOB as 21 February 1921. The applicant authenticated this form by placing his signature in Item 56 (Signature of Person Being Separated).
10. The applicant provided a copy of his certificate of birth, issued on 29 February 1988, which shows he was born on 23 April 1922 and that his birth was registered in the Commonwealth of PR on 23 May 1922.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his WD AGO Form 53-55 be corrected to show his correct DOB as 23 May 1922.
2. The evidence of record shows that the applicant used 21 February 1921 as his DOB throughout his military service. His DOB on the WD AGO Form 53-55 is consistent with the DOB shown on several documents in his service record throughout his entire military service. He did not use the requested DOB during his military service.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicants date of birth in this case.
4. The ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits. A copy of this decisional document, along with the applicants application will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the different dates of birth and adequately document his date of birth in his record.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ___X____ ___X____ 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.
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ABCMR Record of Proceedings (cont) AR20080010362
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