IN THE CASE OF:
BOARD DATE: 21 October 2008
DOCKET NUMBER: AR20080011768
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, correction of his Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his correct date of birth.
2. The applicant states that he needs his records corrected to show his date of birth as 12 April 1924 so that he can obtain a passport.
3. The applicant provides a copy of his WD AGO Form 53-55, Separation Qualification Record (WD AGO Form 100), and his baptismal certificate showing his date of birth as 12 April 1924.
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 remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicants WD AGO Form 53-55 shows:
a. that his organization was the 147th Infantry Regiment;
b. that his date of birth was 18 March 1924;
c. that he was inducted into the Army of the United States and entered active duty on 31 December 1943;
d. that his military occupational specialty was 345 (Light Truck Driver);
e. that he was assigned to the Asiatic Pacific Theater of Operations (PTO) and arrived in the theater on 22 November 1944;
f. that he participated in one campaign and received the Combat Infantryman Badge;
g. that he served in the PTO until 23 March 1946, when he redeployed to the United States; and
h. that he was honorably discharged as a private first class on 7 April 1946.
4. The applicant provided a copy of his baptismal certificate showing that he was born on 12 April 1924 and baptized on 1 June 1924.
5. According to the Department of State's internet web site, applicants must show proof of citizenship and identity in order to obtain a United States Passport. For those instances where specific supporting documentation is not available, the applicant may complete and submit a DS Form 10 (Passport Affidavit) to explain the unavailability of certain documents such as a birth certificate.
DISCUSSION AND CONCLUSIONS:
1. The applicants baptismal certificate shows that he was born on 12 April 1924 and was baptized on 1 June 1924. His WD AGO Form 53-55 shows his date of birth as 18 March 1924.
2. The applicant states that he needs his date of birth changed on his WD AGO Form 53-55 in order to obtain a passport. However, this military form was not intended for such purpose. Furthermore, with regard to passport issuance, the Department of State requires verification of citizenship and identity. For those who do not have sufficient documentation, they may submit an affidavit using
DS Form 10.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. As a general rule the applicants name, social security number, sex, date of birth or place of birth will not be changed in his military record unless it is in error and is causing him to suffer an obvious injustice.
5. In view of the above, the applicants request should be denied.
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.
ABCMR Record of Proceedings (cont) AR20070016793
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