IN THE CASE OF:
BOARD DATE: 27 July 2011
DOCKET NUMBER: AR20110002144
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 that his date of birth (DOB) be corrected on his discharge.
2. The applicant states that when his discharge was prepared it was prepared with the wrong DOB and he would like the typographical error corrected because a new school building is being named after him and they would like memorabilia such as his discharge to be displayed. He further states that when he received his Application for Certificate in Lieu of Lost or Destroyed Discharge Certificate (WD AGO Form 214) it contained the correct DOB.
3. The applicant provides a copy of his birth certificate.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973 and the applicant's records were partially 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 enlisted in the Ohio Army National Guard in Oak Harbor, Ohio on 12 June 1939 for a period of 3 years and at that time indicated that his DOB was 17 July 1920, which made his age 18 years, 10 months and 26 days.
4. He entered active duty on 15 October 1940, completed his training and departed for the Asiatic-Pacific Theater of Operations (APTO) on 26 May 1942 and arrived on 10 June 1942. He participated in the Guadalcanal and Northern Solomon campaigns. He was wounded on 14 December 1943 and 11 March 1944 and was awarded Purple Hearts for those wounds.
5. He departed the APTO on 26 September 1944 and arrived in the United States on 16 October 1944.
6. On 12 July 1945, he was honorably discharged in the rank of corporal and his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) issued at the time of his discharge reflects his DOB as 17 July 1920. The applicant authenticated that form with his signature and right thumb print.
7. A review of the available records shows that he served all of his service using the DOB of 17 July 1920.
8. Technical Manual 12-236 serves as the authority for the preparation of the WD AGO Form 53-55. It provided, in pertinent part, that information entered on the WD AGO Form 53-55 would be obtained from the individuals official records and would reflect information that was current as of the date of separation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his military records should be corrected to show his date of birth as 17 July 1922 because a typographical error resulted in his Discharge showing a DOB of 12 July 1920.
2. The applicant served in the Army of the United States using 17 July 1920 as his date of birth throughout his service. The fact that he desires to change his date of birth for personal reasons is not a sufficiently mitigating factor that warrants granting relief. It is also noted that using the DOB of 12 July 1920 would have made the applicant 16 years, 10 months and 26 days old at the time of enlistment and would have made him ineligible to enlist without parental consent.
3. For historical purposes the Army has an interest in maintaining the accuracy of its records. The information contained in those records must reflect the conditions and circumstances that existed at the time the records were created.
4. The applicant is advised that a copy of this decisional document, along with his application and the supporting evidence he provided, confirming the date of birth he now uses will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the difference in his current date of birth and the one recorded in his military record.
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 to know that the sacrifices he made in service to the United States during World War II are deeply appreciated. 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) AR20110002144
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ABCMR Record of Proceedings (cont) AR20110002144
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