IN THE CASE OF:
BOARD DATE: 26 April 2012
DOCKET NUMBER: AR20110020597
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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 28 October 1927 instead of 30 September 1927.
2. The applicant states his actual DOB is 28 October 1927.
3. The applicant provides a copy of his Delayed Certificate of Birth Registration and Army of the United States Honorable Discharge 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 applicants military record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed that the applicants records were lost or destroyed in that fire. This case is being considered using reconstructed records maintained at the NPRC which includes the applicants
WD AGO Form 53-55.
3. The applicants WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 7 February 1946. Item 10 (DOB) shows his DOB as 30 September 1927.
4. The WD AGO Form 53-55 confirms the applicant was honorably released from active duty on 9 June 1947, in the rank of private (PV2), after completing
1 year, 4 months, and 2 days of active military service.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct the DOB listed on his WD AGO Form 53-55 has been carefully considered. However, his WD AGO Form 53-55 shows he was separated using a DOB of 30 September 1927. In the absence of evidence to the contrary, it is presumed that he served under this DOB. The Army has an interest in maintaining the integrity 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.
2. There is no indication he questioned the DOB at any time during his military service or at the time he was separated from active duty and he did not provide any evidence to the contrary.
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 in his military records, 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 regarding the difference in the DOB recorded in his military record and to satisfy his desire to have his correct DOB documented in his 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) AR20110020597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110020597
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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