IN THE CASE OF:
BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110009597
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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his correct date of birth (DOB).
2. The applicant states he was born on 18 March 1921 whereas his WD AGO Form 53-55 shows this DOB as 18 March 1920.
3. The applicant provides his WD AGO Form 53-55, passport, and certificate of naturalization.
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 applicants 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 his 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.
3. The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States on 31 October 1942 and entered active duty in Boston, MA, on 13 November 1942. A copy of the applicants induction document is not available for review with this case.
4. His records also show he completed 3 months and 29 days of continental service and 2 years, 5 months, and 2 days of foreign service. He was honorably separated at Fort Devens, MA, on 13 January 1946. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 18 March 1920. He authenticated this document with his signature.
5. The applicant submitted copies of his passport and certificate of naturalization, both of which were issued after he was separated and show his date of birth as 18 March 1921.
6. Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the separation document. In pertinent part, it states that the separation document is a synopsis of the Soldiers most recent period of continuous active duty. It 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 contends that his WD AGO Form 53-55 should be amended to show his correct DOB.
2. The applicants record is void of his initial induction document which shows the DOB he used upon entry into military service. The Army has an interest in maintaining the integrity 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 his DOB in this case.
3. 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) AR20110009597
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ABCMR Record of Proceedings (cont) AR20110009597
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