BOARD DATE: 10 November 2010
DOCKET NUMBER: AR20100013413
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 [DOB]) of his WD AGO Form 53-53 (Enlisted Record and Report of Separation - Honorable Discharge) to show his DOB as 6 August 1921 instead of 6 August 1922.
2. The applicant states the administrative error was never corrected. He states his DOB is 6 August 1921.
3. The applicant provides a copy of his Certificate of Birth and WD AGO Form
53-55.
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 was inducted into the Army of the United States on 26 August 1942 and entered active service on 8 September 1942.
4. The applicants Report of Physical Examination and Induction shows his DOB as 6 August 1922.
5. The applicant was honorably discharged on 26 March 1946. Item 10 of his WD AGO Form 53-55 shows his DOB as 6 August 1922.
6. The applicant provided a copy of his Certificate of Birth which shows his DOB as 6 August 1921.
DISCUSSION AND CONCLUSIONS:
1. For historical purposes, the Army has an interest in maintaining the accuracy of its records. The data and information contained in those records should 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, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct year of birth in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
2. Although the applicants Certificate of Birth shows his DOB as 6 August 1921, his Report of Physical Examination and Induction shows he entered military service with a DOB of 6 August 1922.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his records.
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) AR20100013413
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ABCMR Record of Proceedings (cont) AR20100013413
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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