IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110015532
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 show his date of birth (DOB) as 11 August 19XX.
2. He states his DOB on his discharge document is wrong. His DOB is 11 August 19XX, not 14 August 19XX.
3. He provides his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), a cover letter from the National Personnel Records Center, his WD AGO Form 100 (Army of the United States Separation Qualification Record), his driver's license, and a 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 applicant's 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 applicant's 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 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 the applicant's 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. His WD AGO Form 53-53 shows he was inducted into the Army of the United States on 17 April 1943 and entered active duty on 24 April 1943. Item 10 (DOB) of his WD AGO Form 53-55 shows his DOB as 14 August 19XX.
4. His WD AGO Form 100 shows his DOB as 11 August 19XX.
5. He was honorably discharged on 6 January 1946.
6. His NA Form 13038, dated 15 July 2011, shows his DOB as 14 August 19XX.
7. The birth certificate he provides shows a male with the same first name and different last name was born in Harrison County, West Virginia, on 11 August 19XX.
8. His Ohio driver's license shows his DOB as 11 August 19XX.
9. Department of the Army Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. The manual states the DOB will be entered in item 10 of the WD AGO
Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. 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. Although evidence indicates an error exists, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date without an official document that verifies his actual DOB.
2. Although the applicant's WD AGO Form 100 shows his DOB as 11 August 19XX, his NA Form 13038 and WD AGO Form 53-55 show he entered military service with a DOB of 14 August 19XX. In addition, the birth certificate he provides pertains to an individual with a completely different last name.
3. The applicant is advised that a copy of this decisional document which confirms his correct DOB will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his records.
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 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) AR20110015532
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110015532
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140009489
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his date of birth (DOB) as 4 January 19XX vice 14 January 19XX. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. In the absence of evidence to the contrary,...
ARMY | BCMR | CY2013 | 20130009190
The applicant requests correction of item 10 (Date of Birth (DOB)) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to list his DOB as 7 April 19XX vice 17 April 19XX. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's 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. A Power of Attorney, dated 6...
ARMY | BCMR | CY2014 | 20140011885
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his date of birth (DOB) as 22 June 19XX instead of 21 June 19XX. The applicant's complete military records are not available to the Board for review. 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.
ARMY | BCMR | CY2010 | 20100024258
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show award of two battle stars and correction of his NA Form 13038 (Certification of Military Service) to show his last grade held was Technical Sergeant and military occupational specialty (MOS) 502 (Sergeant Major). The applicant's military service records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2012 | 20120007047
The applicant requests correction of his military records to show his date of birth (DOB) as 6 November 19XX and to remove the suffix "Jr." from his name. The birth certificate clearly shows applicant's DOB as 6 November, not 7 November, and it is reasonable to presume the WD AGO Form 53-55 entry is a typographical error. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's WD AGO Form 53-55: a. to...
ARMY | BCMR | CY2013 | 20130008442
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * DD Form 214 * Birth Record * Certificate of Baptism CONSIDERATION OF EVIDENCE: 1. 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. The applicants military records are not...
ARMY | BCMR | CY2015 | 20150008082
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * two letters from the applicant's wife to the person who assisted him with this application * WD AGO Form 53-55 * WD AGO Form 100 (Separation Qualification Record) * birth certificate * news article reporting the applicant's capture * witness statement regarding capture dated 13 November 1944 * roster of all with the applicant's last name * two DA Forms 1577 (Authorization...
ARMY | BCMR | CY2009 | 20090019163
Application for correction of military records (with supporting documents provided, if any). The applicant requests the following corrections on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge): * Item 34 (Wounds in Action) to show he was wounded in battle and sustained a severe compound fracture to his left ankle * Item 10 (Date of Birth) to show his date of birth (DOB) as 15 May 1925 instead of 25 May 1925 2. The applicants military records are not...
ARMY | BCMR | CY2009 | 20090006240
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2010 | 20100021257
Application for correction of military records (with supporting documents provided, if any). The applicant, the niece of a former service member (FSM), requests correction of the FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his date of birth (DOB) as "26 July 1917" instead of 26 July 1916" and his place of birth as "Wayne County, IN" instead of "Centerville, TN." She provided a copy of the FSM's birth certificate which verifies his correct DOB as 26 July 1917...