BOARD DATE: 8 December 2011
DOCKET NUMBER: AR20110010993
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 the date of birth (DOB) recorded on his discharge document.
2. The applicant states his DOB is 4 xxx 1923, but his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) shows 4 xxx 1943.
3. The applicant provides copies of his WD AGO Form 53-55 and a birth certificate showing his DOB as 4 xxx 1923.
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 National Personnel Records Center in 1973. His records were seriously damaged in that fire. However, there were sufficient documents available to conduct a fair and impartial review of this case.
3. The FSM was inducted into the Army of the United States on 27 January 1943 and served in the Pacific theater. He was honorably discharged on 2 February 1946.
4. His WD AGO Form 53-55 shows his DOB as 4 xxx 1943.
DISCUSSION AND CONCLUSIONS:
The DOB shown on his discharge document of 4 xxx 1943, approximately 6 months after he was inducted, is an obvious typographical error and should be corrected to match his birth certificate.
BOARD VOTE:
_____x___ _____x__ _____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by amending the date of birth shown on his WD AGO FORM 53-33 to read the date of birth as shown on his birth certificate.
__________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) AR20110010993
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ABCMR Record of Proceedings (cont) AR20110010993
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