BOARD DATE: 15 September 2011
DOCKET NUMBER: AR20110005273
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) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge).
2. He states his date of birth should be corrected to show 28 November 1923. The birth date on his DD Form 214 does not match the one on his birth certificate.
3. He provides copies of his WD AGO 53-55 and Birth Certificate.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel requests appropriate action be taken.
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 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 his records were lost or destroyed in that fire. However, there were sufficient documents submitted by the applicant, for the Board to conduct a fair and impartial review of this case.
3. The available evidence shows he was inducted into the Army of the United States on 5 February 1943 and he entered active duty on 12 February 1943. He was honorably discharged on 10 December 1945.
4. Item 10 of his WD AGO Form 53-55 shows his date of birth as 28 November 1924.
5. He provided a copy of a Delaware County, Department of Health, Local Record of Birth, issued on 20 November 1984, which certified an individual with the applicant's same first and last names and middle name of "Ross" was born on 28 November 1923.
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence clearly showing an error exists it has been determined the date of birth shown on the applicant's WD AGO Form 53-55 is correct and no basis has been established to support the change requested.
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 date of birth on his separation document, is not a sufficiently compelling reason for compromising the integrity of the Armys 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 a reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the date of birth recorded on his separation document and to satisfy his desire to have his correct date of birth documented.
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) AR20110005273
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ABCMR Record of Proceedings (cont) AR20110005273
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