IN THE CASE OF:
BOARD DATE: 16 June 2009
DOCKET NUMBER: AR20090003717
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his correct date of birth (DOB).
2. The applicant states that he was born on 18 May 1927; however, his DOB is off by one day on his WD AGO Form 53-55.
3. The applicant provides a copy of his birth certificate, issued on 27 December 1988; a copy of his WD AGO Form 100 (Separation Qualification Record), dated 30 January 1947; and a copy of his WD AGO Form 53-55 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 WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service at Jefferson Barracks, MO, on 9 August 1945. A copy of his induction document is not available for review with this case.
4. The applicants WD AGO Form 53-55 also show he completed 6 months and 27 days of continental service and 10 months and 25 days of foreign service. He was honorably separated at Fort Sheridan, IL, on 30 January 1947. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 19 May 1927.
5. The applicants WD AGO Form 100, dated 30 January 1947, shows his DOB as 18 May 1927.
6. The applicant submitted a copy of his birth certificate, issued on 27 December 1988, that shows his DOB as 18 May 1927.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show his DOB as 18 May 1927.
2. The applicants reconstructed record is void of his initial induction and/or enlistment document that shows the date of birth he used upon entry into military service. However, the DOB shown on his WD AGO Form 100 is consistent with that shown on his birth certificate. It appears that the incorrect DOB listed on his WD AGO Form 53-55 was a result of an administrative oversight. Therefore, his WD AGO Form 53-55 should be corrected to show his DOB as 18 May 1927.
BOARD VOTE:
___X___ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry "19 May 1927" from item 10 of his WD AGO Form 53-55 and adding the entry "18 May 1927."
_______ _ 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) AR20090003717
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ABCMR Record of Proceedings (cont) AR20090003717
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