IN THE CASE OF:
BOARD DATE: 15 September 2009
DOCKET NUMBER: AR20090006820
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 to item 10 (Date of Birth) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) with a separation date of 20 November 1946.
2. The applicant states, in effect, that he falsely gave the wrong date of birth when he was inducted into the U.S. Army. He states his correct date of birth is 9 June 1929.
3. The applicant provides a copy of his WD AGO Form 53-55 and a copy of a birth registration form.
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 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, the applicant's WD AGO Form 53-55 with a separation date of 20 November 1946 was available.
3. The available evidence shows that the applicant was inducted into the Army of the United States on 15 May 1945. He completed basic combat and advanced individual training. The applicant served in the European-African-Middle Eastern theater of operations from 26 November 1945 to 3 October 1946.
4. On 20 November 1946, the applicant was honorably discharged due to demobilization. Records show he served for 7 months and 12 days in the continental United States and 10 months and 24 days of foreign service. His military occupational specialty shown on his WD AGO Form 53-55 was 733 (Chief of Section) and the highest rank he attained was sergeant.
5. Item 10 of the applicant's WD AGO Form 53-55 shows the entry "8 March 1927."
6. As evidence, the applicant provided a copy of his notification of birth registration for the Department of Commerce, Bureau of Census. This document shows the applicant was born on 9 June 1929 at Valley View, KY.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he falsely gave the military entrance officials his wrong date of birth when he was inducted into the Army.
2. The applicant's records were burned in the fire of 1973. Therefore, there is no evidence to support the applicant's contention other than his personal copy of his WD AGO Form 53-55.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should actually reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, this Board is reluctant to recommend that those records be changed.
4. While the applicant's desire to have the records changed is understandable, there is no basis for compromising the integrity of the Army's records. This Board action will be filed in his military records so a record of his date of birth that he states is accurate is made a matter of official U.S Army records.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __X____ __X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20090013434
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20090006820
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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