IN THE CASE OF:
BOARD DATE: 21 September 2010
DOCKET NUMBER: AR20100012123
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 Item 10 (Date of Birth) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).
2. He states his date of birth should be shown as 10 May 1921. He also states, in effect, he changed his name and his birth certificate has the wrong name, but the name on his WD AGO Form 53-55 is correct.
3. He provides copies of the following documents:
* Department of State Form 6-71 (Affidavit Regarding Change of Name)
* His Certificate of Birth
* His WD AGO Form 53-55
* Department of Veterans Affairs (VA) Form 21-22 (Appointment of Veterans Service Organization as Claimants Representative)
COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:
Counsel makes no requests or statements in support of the applicants application.
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 applicant's 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record, and documentation submitted by the applicant, for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows the applicant enlisted in the Army National Guard on 26 April 1940. He entered an active duty status on 16 September 1940 and he was discharged on 1 October 1945.
4. His WD AGO Form 53-55, Item 10, shows his date of birth as 10 May 1918.
5. He provided a copy of a notarized Form 6-71, dated 16 October 1974, which shows his first and middle names were changed from the names given on the birth records. The form also shows his date of birth as 10 May 1921.
6. He also provided a copy of a Certificate of Birth, Commonwealth of Pennsylvania Department of Health Vital Statistics, issued on 1 November 1974, which certified an individual with the applicant's former first and middle names and same last name was born on 10 May 1921.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence showing an error clearly exists it has been determined the birth date shown on the applicant's WD AGO Form 53-55 is correct and no basis has been established to support the change requested. For historical purposes, the Army has an interest in maintaining the integrity of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While the Board understands the applicant's desire to have the WD AGO Form 53-55 changed it finds no basis for compromising the integrity of the Armys records. A copy of this decisional document along with the applicant's application and enclosures will be filed in a reconstructed official military file for reference purposes.
3. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20100012123
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ABCMR Record of Proceedings (cont) AR20100012123
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