IN THE CASE OF:
BOARD DATE: 18 October 2011
DOCKET NUMBER: AR20110008583
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 change his date of birth from 24 December 1928 to 24 December 1931.
2. The applicant states his age was raised in order to join the service. He further states that he has been unable to obtain his birth certificate.
3. The applicant provides:
* WD AGO Form 53-55
* WD Form 372A (Final Payment Worksheet)
* NA Form 13038 (Certification of Military Service)
* WD AGO Form 25 (Extract from Service Record)
* WD AGO Form 115 (Charge Sheet)
* Passport
* Drivers License
* Universal School Record
* Letter from the Social Security Administration
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 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 his 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. This case is being considered using reconstructed records, which primarily consist of a WD AGO Form 53-55 and DD Form 214 (Report of Separation from the Armed Forces of the United States).
3. The applicant enlisted in the Regular Army on 17 January 1946 and was honorably discharged on 20 July 1947. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his date of birth as 24 December 1928. He authenticated the document with his signature.
4. On 7 February 1955, the applicant was honorably released from the U.S. Navy. Item 10 (Date of Birth) of his DD Form 214 shows his date of birth as 24 December 1928. He authenticated the document with his signature.
5. The applicant provides copies of his passport, drivers license, universal school record, and a letter from the Social Security Administration on which his date of birth consistently appears as 24 December 1931.
6. War Department Technical Manual 12-236 (Preparation of Separation Forms) and Army Regulation 635-5 (Separation Documents), currently in effect, prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for the preparation of the separation document. In pertinent part, they state that the separation document is a synopsis of the Soldiers most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his WD AGO Form 53-55 should be corrected to change his date of birth from 24 December 1928 to 24 December 1931 was carefully considered.
2. The evidence of record shows his date of birth appeared as 24 December 1928 on the only documents in his available service personnel record throughout his periods of service. He authenticated these documents by placing his signature in the appropriate blocks.
3. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the records in this case.
4. The fact that his passport, drivers license, and other substantiating documents show his date of birth as 24 December 1931 is duly noted. However, this does not change the conditions and circumstances that existed at the time his service records were created.
5. 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.
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) AR20110008583
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ABCMR Record of Proceedings (cont) AR20110008583
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