IN THE CASE OF:
BOARD DATE: 15 SEPTEMBER 2009
DOCKET NUMBER: AR20090006240
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 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.
2. The applicant states that his correct DOB is 24 August 1923, not 24 August 1924. He further states that his date of induction and date of entry into active service should both be corrected to show 1943, not 1945.
3. The applicant provides a WD AGO Form 53-55; a U.S. Army Discharge Certificate, dated 8 January 1946; and a copy of a Birth Certificate from the South Carolina Department of Health and Environmental Control, Division of Vital Records, dated 23 June 1983.
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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55, a U.S. Army Discharge Certificate, and his Birth Certificate.
3. The applicant was born on 24 August 1923. He was separated on 8 January 1946. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. Item 22 (Date of Induction) shows 29 May 1945 and Item 24 (Date of Entry into Active Service) shows 7 June 1945. Item 55 (Remarks) of the applicant's WD AGO Form 53-55 shows he served in the Enlisted Reserve Corps (ERC) for the period 29 May 1943 to his entry into active service in the Army of the United States (AUS) on 7 June 1943.
4. Item 43 (Longevity for Pay Purposes) of the applicant's WD AGO Form 53-55 reflects the years, months, and days from induction to discharge and shows 2 years, 7 months, 11 days.
5. The applicant submitted a copy of his birth certificate that shows his DOB as 24 August 1923.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 erroneously shows his DOB as 24 August 1924. The applicant's birth certificate confirms that the WD AGO Form 53-55 is incorrect, presumably due to a typographical error, and should be corrected to reflect his DOB as 24 August 1923.
2. The applicant's WD AGO Form 53-55 erroneously shows his date of induction into the AUS as 29 May 1945 and his date of entry on active duty as 7 June 1945. His WD AGO Form 53-55 also shows that he served in the ERC from
29 May 1943 to 7 June 1943 until he entered into the AUS.
3. Other items of the applicants WD AGO Form 53-55 confirm a 1943 induction date and active service entry date. Item 43 reflects the years, months, and days from induction to discharge. Item 43 of the applicants WD AGO Form 53-55 shows 2 years, 7 months, 11 days. This is the precise amount of time from 29 May 1943 through 8 January 1946.
4. The applicants WD AGO Form 53-55 is in obvious error. Therefore, it should be corrected to reflect that in 1943, not 1945, he was inducted and entered active service.
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 amending his WD AGO Form 53-55 to show his date of birth in Item 10 as 24 August 1923, his date of induction in Item 22 as 29 May 1943, and his date of entry into active service in Item 24 as 7 June 1943.
_______ _ __XXX_____ ___
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) AR20090006240
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090006240
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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.
ARMY | BCMR | CY2011 | 20110021824
IN THE CASE OF: BOARD DATE: 1 May 2012 DOCKET NUMBER: AR20110021824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states the year of his date of birth (DOB) is 1923 and not 1924 as is listed on the WD AGO Form 53-55. While the applicants desire to have the records changed to reflect the DOB listed on the birth certificate he now provides is understood, there is no indication he questioned the DOB at any time during his military service, or at the time he was separated from...
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 | CY2002 | 2002075457C070403
The applicant's WD AGO Form 53-55 does not show entitlement to the Combat Infantryman Badge. and date shown in Service Record or on WD AGO Form 20 will be entered in item 31 (Military Qualifications and Date). Therefore, he is entitled to award of the Combat Infantryman Badge and correction of his records to show this award.
ARMY | BCMR | CY2015 | 20150001566
IN THE CASE OF: BOARD DATE: 10 September 2015 DOCKET NUMBER: AR20150001566 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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 September 1923 vice 1924. 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...
ARMY | BCMR | CY2008 | 20080014695
Application for correction of military records (with supporting documents provided, if any). The applicant requests that his date of birth (DOB) be corrected from 1924 to 1923. As such, there is insufficient evidence in which to grant the applicant's request.
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 | CY2004 | 20040006068C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 16 June 2005 DOCKET NUMBER: AR20040006068 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, that his date of induction and entry onto active duty be changed on his WD AGO Form 53-55 (Enlisted Record and Report of Separation)(Honorable Discharge). Additionally, his WD AGO...
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 | CY2005 | 20050002595C070206
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation), Honorable Discharge Certificate, and Certification of Military Service to show his service as second lieutenant. The applicant’s military records are not available to the Board for review. His WD AGO Form 53-55 also shows that he was discharged in the enlisted grade of PFC, that the highest grade he held was PFC during the period 27 June 1943 to 25 June 1945, and that he was honorably...