IN THE CASE OF:
BOARD DATE: 7 August 2009
DOCKET NUMBER: AR20090005372
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 records to show his name as "W*** F** T**" instead of "T** W***" and his date of birth (DOB) as "22 December 1924" instead of "17 February 1925."
2. The applicant states that the name and DOB were incorrectly recorded due to language miscommunication.
3. The applicant provides a copy of his Washington State Identification Card; a copy of his Health Insurance Card; a copy of his U.S. Citizen Identification Card; and a copy of his Department of Veterans Affairs Card, 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 applicant's WD AGO Form 53-55 (Enlisted Record and Report of Separation) shows he was inducted in the Army of the United States on 18 November 1942 and entered active duty in New York City, NY, on 25 November 1942. A copy of his induction record is not available for review with this case.
4. The applicants WD AGO Form 53-55 also shows that at the time of his separation he held military occupational specialty 060 (Cook). He was honorably separated on 27 October 1945.
5. Item 1 (Last Name, First Name, Middle Name) of the applicants WD AGO Form 53-55 shows his name as "T** W***" and item 10 (Date of Birth) shows the entry "16 AUG 06" indicating he was born on 16 August 1906.
6. The applicants WD AGO Form 01502 (Honorable Discharge Certificate), dated 27 October 1945, show his name as W*** T**.
7. The applicants WD Form 372A (Final Payment-Worksheet), dated 23 October 1945, shows his name as "T** W***."
8. The applicant submitted copies of his Washington State Identification Card which shows his name as "W*** F** T**" and his DOB as "22 December 1924"; his Health Insurance Card which shows his name as "T**, W*** F**"; his Department of Veterans Affairs Card which shows his name as "T**, W*** F**" and his DOB as "22 December 1924"; and his U.S. Citizen Identification Card which shows his name as "T**, W*** F**" and his DOB as "22 December 1924."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests his records be corrected to show his name as "W*** F** T**" instead of "T** W***" and his date of birth (DOB) as "22 December 1924" instead of "17 February 1925."
2. The applicants induction record is not available for review with this case. It is unclear what name and/or DOB the applicant used upon his induction into the Army of the United States. However, his reconstructed record contains a copy of a properly constituted WD AGO Form 53-55 that show his name as "T** W***" and his DOB as "16 August 1906." While it appears that his DOB may be in error, in the absence of evidence to the contrary, it is presumed that the name and DOB shown on his WD AGO Form 53-55 are correct.
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 records in this case.
4. A copy of this decisional document along with the applicants application will be filed in his military service records. This should serve to clarify any questions or confusion regarding the applicants different names and DOBs and adequately document his name and DOB in his record for the purpose of entitlement to veterans' benefits.
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) AR20090005372
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090005372
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012094
The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. Upon induction into the U.S. Army in April 1943, the applicant reported that his DOB was "X October 1924" (i.e., that he was 18 years of age).
ARMY | BCMR | CY2014 | 20140018698
He was awarded the EAME Campaign Medal and his WD AGO Form 53-55 shows he participated in three campaigns during his service in World War II (Rome-Arno, Rhineland, and Central Europe). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the BSM based on award of the CIB; b. amending his WD AGO Form 53-55 by deleting the EAME Campaign Medal and adding the following awards: * Bronze Star Medal *...
ARMY | BCMR | CY2005 | 20050002901C070206
The applicant requests that his records be corrected to show the correct date of birth (DOB), date of induction, date of departure and arrival for overseas duty, wounds received and award of the Purple Heart. In the absence of evidence to show that his date of induction, date of entry, and overseas duty departure date is not correct, there is no basis to grant relief in this case. Since the applicant's records show that he was inducted on 10 February 1943, his records correctly show 24...
ARMY | BCMR | CY2013 | 20130020262
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 7 May1924 instead of 5 August 1924. 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. The Board determined that the evidence...
ARMY | BCMR | CY2011 | 20110021702
Counsel states his first name is shown as Alex on his birth certificate. Counsel provides: * Certificate of Birth from the State of Louisiana * Certificate of Registry of Marriage from the County of San Bernardino, CA * WD AGO Form 100 (Separation Qualification Record) * WD AGO Form 53-55 with a date of separation of 7 January 1946 * General Power of Attorney, dated 16 July 1993 * Admission statement, with date of admission of 11 January 2011, from Redlands Community Hospital, Redlands,...
ARMY | BCMR | CY2013 | 20130007247
The applicant provides his WD AGO Form 53-55 and a certificate of birth. The applicant's complete 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.
ARMY | BCMR | CY2009 | 20090006240
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2009 | 20090019163
Application for correction of military records (with supporting documents provided, if any). The applicant requests the following corrections on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge): * Item 34 (Wounds in Action) to show he was wounded in battle and sustained a severe compound fracture to his left ankle * Item 10 (Date of Birth) to show his date of birth (DOB) as 15 May 1925 instead of 25 May 1925 2. The applicants military records are not...
ARMY | BCMR | CY2014 | AR20140010749
The applicant's military service records are not available to the Board for review. The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing this ABCMR Record of Proceedings in his military service record to substantiate his date of birth is 1 December 1924, as shown on his WD...
ARMY | BCMR | CY2001 | 2001052520C070420
He further states that his rank on his 21 September 1951 DD Form 214 is incorrect; that he was activated as a sergeant; that he served as a sergeant; and that he was discharged as a sergeant on 24 March 1946. On 24 March 1946, the applicant was discharged from the AUS in the rank of sergeant. On 24 March 1949, the applicant was discharged from the ERC in the rank of Corporal.