IN THE CASE OF:
BOARD DATE: 14 August 2008
DOCKET NUMBER: AR20080010607
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, in effect, that his Enlisted Record and Report of Separation (WD AGO 53-55) be corrected to reflect his correct Date of Birth (DOB).
2. The applicant states, in effect, that during his induction processing into the military he provided an incorrect DOB. He now requests that his records be corrected to reflect his correct DOB.
3. The applicant provides his birth certificate and WD AGO Form 53-55 in support of his application.
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. This case is being considered using reconstructed records, which primarily consist of the WD AGO Form 53-55 submitted by the applicant.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States (AUS) and entered active duty on 20 October 1944. Item 10 (Date of Birth) shows the applicant's DOB as 8 August 1926, and Item 11 (Place of Birth) shows he was born in Huntsville Missouri.
4. The applicant's separation document shows that he was honorably separated on 15 April 1947, after completing a total of 2 years, 4 months and 26 days of active military service. The applicant authenticated this document with his signature in Item 56 (Signature of Person Being Separated).
5. The applicant provides a Missouri State Certificate of Birth issued on 7 March 1927, which shows his DOB as 20 November 1926.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the DOB shown on his WD AGP 53-55 is incorrect was carefully considered. However, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. While the applicants desire to have the records changed to reflect the correct DOB, as reflected on his birth certificate is understood, there is no indication the applicant questioned the DOB at the time he entered the military, at anytime during his military service, or at the time he was separated. As a result, it would not be appropriate to modify the record at this late date.
2. A copy of this decisional document, along with his application and associated documents, to include the birth certificate he submitted, will be filed in the applicants Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion regarding his date of birth.
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.
_______ _x _______ ___
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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