IN THE CASE OF:
BOARD DATE: 17 June 2010
DOCKET NUMBER: AR20100012839
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 correct date of birth.
2. The applicant states 20 May 1923 is his actual date of birth.
3. The applicant provides a WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and a copy of his Record of Live Birth.
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 the FSM's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 12 January 1943 and entered active service on 19 January 1943. The applicant's WD AGO Form 53-55 also shows that he was discharged on 25 November 1945.
4. Item 10 (Date of Birth) of the applicant's WD AGO Form 53-55 shows his date of birth as 20 May 1945.
5. The applicant provided a copy of his Record of Live Birth which shows his date of birth as 20 May 1923.
DISCUSSION AND CONCLUSIONS:
The available evidence clearly shows the applicant's date of birth in item 10 of his WD AGO 53-55 was incorrectly entered as 20 May 1945. Therefore, his WD AGO Form 53-55 should be corrected to show his correct date of birth of 20 May 1923.
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:
a. deleting from item 10 of his WD AGO Form 53-55 the entry "20 May 1945" and
b. adding to item 10 of his WD AGO Form 53-55 the entry "20 May 1923."
___________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) AR20100012839
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100012839
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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