IN THE CASE OF:	

		BOARD DATE:	  30 April 2009

		DOCKET NUMBER:  AR20080019584 


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 the entry in item 10 (Date of Birth [DOB]) and item 11 (Place of Birth [POB]) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).

2.  The applicant states, in effect, that he was born in the city of Finchburg in 1925 and not in Frisco City in 1926, as is indicated on his WD AGO Form 53-55. He would like this information corrected at this time. 

3.  The applicant provides, in support of his application, a self-authored statement, his WD AGO Form 53-55, an Honorable Discharge Certificate, a copy of a Certificate of Live Birth, an Affidavit to Amend Record of Birth, and a Social Security Administration (SSA) letter confirming his year of birth as 1925 in their records. 

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 applicant’s 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 applicant’s 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 (NPRC) 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.  This case is being considered using reconstructed records that include the applicant's WD AGO Form 53-55 and the documents provided by the applicant.

3.  The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active duty on 10 May 1945.  It further shows that he served on active duty for 1 year, 4 months, and 29 days until being honorably discharged on 5 November 1946, in the rank of private first class (PFC), by reason of demobilization.  Item 10 lists his DOB as 18 December 1926 and Item 11 lists his POB as Frisco City, Alabama.  

4.  The applicant provides a copy of his Certificate of Live Birth that lists his DOB as 31 December 1925 and his POB as Finchburg, Monroe County, Alabama.  

5.  The applicant also provides an Affidavit to Amend Record of Birth that was executed on 19 November 1979.  This document shows the applicant corrected his record of birth to show his correct DOB as 18 December 1925.  This affidavit was made a part of the record concerned effective 5 December 1979.

6.  The applicant also provides a letter from the SSA, dated 26 October 2007, which states their records reflect the applicant's DOB as 18 December 1925.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DOB listed in Item 10 and POB listed in Item 11 of his WD AGO Form 53-55 are 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.



2.  The applicant’s desire to have his military records changed to reflect the DOB and POB listed on his birth certificate is understood.  However, there is no 
indication that he questioned his DOB and POB when he entered the Army on 
10 May 1945, at anytime during his active duty service, or at the time of his discharge on 5 November 1946.  As a result, given it appears he entered, served, and was separated from the Army under the DOB and POB listed on his 
WD AGO Form 53-55, absent any evidence that these dates have or will result in an injustice to the applicant, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB and POB, will be filed in the applicant’s NPRC file, which now serves as his Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the DOB and POB recorded in his military record and to satisfy his desire to have his correct DOB and POB documented in his OMPF.

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)                                         AR20080019584



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ABCMR Record of Proceedings (cont)                                         AR20080019584



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