IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20100029770 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his birth year as 1916 instead of 1919.

2.  He states:

* his birth year is recorded as 1919 but should be 1916
* he is unable to provide a birth certificate because his birth was not recorded due to the death of his mother
* the "6" and "9" were possibly transposed

3.  He provides:

* his WD AGO Form 53-55
* a page from the 1930 U.S. Federal Census 
* two pages of the Fifteenth Census of the U.S. Population Schedule
* a copy of his Texas Driver License

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 FSM's military records are not available to the ABCMR 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 in a reconstructed record, along with those provided by the applicant, to conduct a fair and impartial review of this case.

3.  The available documents show he was inducted into the Army of the United States. on 1 July 1943 and he entered active service on 22 July 1943.  He was honorably discharged on 17 January 1946.  Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his birth year as "1919."

4.  He submitted a copy of a page from the 1930 U.S. Federal Census from ancestry.com which shows a person with his name and an estimated birth year of "about 1917."

5.  He submitted a copy of the Fifteenth Census of the U.S. Population Schedule that lists a person with his name; however, the remaining information is illegible.

6.  He submitted a copy of his Texas Driver License that lists his birth year as "1916."

DISCUSSION AND CONCLUSIONS:

1.  The applicant was unable to submit any corroborating evidence, such as a birth certificate, to verify his date of birth.  The evidence he submitted was either illegible or showed different years of birth such as 1917 on the census and 1916 on his Texas Driver License.  The applicant's WD AGO Form 53-55 shows his year of birth as 1919.  Without official corroborating evidence to determine his correct year of birth, there is no basis for granting his requested relief.

2.  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 birth year in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

3.  The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided will be filed in his reconstruction Official Military Personnel File (OMPF).  This should serve to clarify any questions or confusion in regard to the difference in the birth year recorded in his available record and to satisfy his desire to have his correct birth year documented in his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:
1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to our Nation.  The applicant and all Americans should be justifiably proud of his service in arms.  




      ____________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)                                         AR20100029770



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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