BOARD DATE: 15 November 2011
DOCKET NUMBER: AR20110010121
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 Service) to show his date of birth (DOB) as 19 May 1926 instead of 19 May 1928.
2. The applicant states he was unsure of his DOB because the courthouse containing the records had burned down. He discovered through the 1930 census report that he was born 2 years earlier than he believed.
3. The applicant provides 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 enlisted in the Regular Army on 27 November 1945. Item 1 (Declaration of Applicant - Date of Birth) of his WD AGO Form 21 (Enlistment Record - Regular Army) listed his DOB as 19 May 1928. He authenticated this form by placing his signature in the appropriate block.
3. His WD AGO Form 100 (Separation Qualification Record) listed his DOB as 19 May 1928.
4. He completed 9 months and 6 days of continental service and 7 months and 1 day of foreign service. He was honorably separated at Fort Dix, NJ, on 31 March 1947. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 19 May 1928.
5. The applicant submitted a copy of a birth certificate that shows he was born on 19 May 1928. The year "1928" is crossed out and a hand-written entry of "1926" is written on top of it.
DISCUSSION AND CONCLUSIONS:
1. At the time of his enlistment, the applicant listed his DOB as 28 May 1928. This DOB is consistent with at least one official document in his service records. He did not use the requested DOB during his military service.
2. 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 his DOB in this case.
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) AR20110010121
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ABCMR Record of Proceedings (cont) AR20110010121
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