IN THE CASE OF:	  

		BOARD DATE:	  3 February 2011

		DOCKET NUMBER:  AR20100019387 


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 record to show his date of birth as 7 May 1916.

2.  The applicant states that his date of birth on his discharge document is wrong.  Prior to entering the service, his father had told him his date of birth was 2 November 1917.  He now knows he was born on 7 May 1916 in Chrysostomos of Ikaria [an island off Southeast Greece].

3.  The applicant provides a copy of his Greek birth certificate and its translation into English, his Army induction certificate, and his WD AGO Form 100 (Separation Qualification Record).

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 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.  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 applicant's 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 applicant'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 OMPF provided by the National Personnel Records Center was for the applicant who provides his service name as "JOHN A." and his service number as "XXXX1418."

4.  Within his OMPF is a charred copy of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) that shows his date of birth as 3 November 1917.  He was inducted into the Army of the United States on 14 February 1942.  His date of separation was 12 October 1945.  

5.  His WD AGO Form 221 (Report of Induction – Selective Service Man) shows his date of birth as "NOV. 2, 1916" [2 November 1916] and his birthplace as "Island Icaria, Greece."

6.  His WD AGO Form 24A (Service Record) shows his date of birth as "NOV. 3, 1916" [3 November 1916].

7.  He provided a translated copy of a certificate filed at the Greek Orthodox Church of the Annunciation in the Province of Ikaria, dated 1 July 2010.  This translation states the applicant is "an Orthodox Christian and is registered in the Birth Registry of our Community.  The year of birth is 1916, and the date of his birth according to the registry book is the 7th day of May of the above mentioned year, 1916."

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS: 

1.  The applicant contends his record should be corrected to show his birth date as 7 May 1916 due to his recent receipt of a translation from church records.

2.  The evidence of record shows that upon his induction in 1942, his date of birth was recorded as 2 November 1916 on his induction documents.  All official documents contained in his military records show his date of birth as 2 November 1916 except for his WD AGO Form 24A, which shows 3 November 1916.  For unknown reasons, his WD AGO Form 53-55 shows the year of his birth as 1917.

3.  While it is understandable that the applicant would like his record corrected after recently learning his date of birth was incorrect in his military records, 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, there is a reluctance to recommend that those records be changed.

4.  This Record of Proceedings, along with the application and supporting documents, will be filed in his military record in order to provide clarity and to deal with any confusion that might arise regarding the difference in his recorded date of birth.  Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the date of birth under which he served.

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)                                         AR20100019387



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100019387



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1