IN THE CASE OF:
BOARD DATE: 14 February 2012
DOCKET NUMBER: AR20110016066
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 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 15 March 1921 instead of 15 March 1919.
2. The applicant states that his DOB does not match his birth certificate.
3. The applicant provides copies of his WD AGO Form 53 and his Commonwealth of Puerto Rico Certificate of Birth Registration.
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 applicants military records are not available 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 to conduct a fair and impartial review of this case.
3. His WD AGO Form 53 shows in:
* item 5 (Component and Term of Enlistment) he enlisted in the Regular Army (RA) for a period of 3 years
* item 7 (Date of Separation), he was honorably discharged on 5 December 1948
* item 10 (DOB), the entry 15 March 1919
* item 23 (Date of Enlistment), he enlisted on 6 December 1945
* item 43 (Longevity for Pay Purposes) the entry 7 years, 7 months, and
22 days
4. He submitted a copy of a Commonwealth of Puerto Rico Certificate of Birth Registration issued on 18 August 1977 that shows his DOB as 15 March 1921.
5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his WD AGO Form 53 should be changed to reflect his DOB as 15 March 1921.
2. While it is understood that the applicant desires to have his WD AGO Form 53 corrected to show the year of birth that he now claims is his correct year of birth, his record is not available to show he enlisted and served using any other DOB than what is shown on his WD AGO Form 53. Therefore, there is an insufficient basis for granting the applicant's request.
3. 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct DOB on his
WD AGO Form 53, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. 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 on his WD AGO Form 53 and to satisfy his desire to have his correct DOB documented in record.
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) AR20110016066
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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