IN THE CASE OF:
BOARD DATE: 3 March 2011
DOCKET NUMBER: AR20100021257
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, the niece of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his date of birth (DOB) as "26 July 1917" instead of 26 July 1916" and his place of birth as "Wayne County, IN" instead of "Centerville, TN."
2. She states the FSM's WD AGO Form 53-55 does not match his birth record.
3. She provided copies of:
* his record of birth
* his WD AGO Form 53-55
* his Certificate of Death
CONSIDERATION OF EVIDENCE:
1. The FSMs 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 FSM's 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.
2. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 3 February 1943 and entered active service on 10 February 1943. This form also shows in item 10 (DOB) the entry 26 July 1916. Item 11 (Place of Birth) shows the entry Centerville, TN.
3. His WD AGO Form 53-55 shows he was honorably discharged on
19 November 1945, after completing 2 years, 9 months, and 10 days of total active service.
4. A copy of his record of birth shows he was born in Wayne County, IN on
26 July 1917. A copy of his death certificate shows his DOB as 26 July 1917, his place of birth as Centerville, IN, and his date of death as 7 July 2010.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the FSM's DOB and place of birth should be corrected to match his birth record. Her contentions were carefully considered.
2. She provided a copy of the FSM's birth certificate which verifies his correct DOB as 26 July 1917 and his place of birth as Wayne County, IN; however, his service records that would show under what name and DOB he was inducted under and served in are not available.
3. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that the FSM's military service records, including the WD AGO Form 53-55, was correct at the time, and there is insufficient evidence to grant the requested relief in this case.
4. 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 that she desires to now record the FSM's correct DOB and place 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.
5. The applicant is advised that a copy of this decisional document along with the application and the supporting evidence she provided, which confirms the FSM's correct DOB and place of birth, will be filed in his reconstructed Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in information recorded in the FSM's military record and to satisfy the applicant's desire to have the correct information documented in the FSM's OMPF.
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) AR20100021257
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ABCMR Record of Proceedings (cont) AR20100021257
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