IN THE CASE OF:
BOARD DATE: 1 May 2012
DOCKET NUMBER: AR20110021824
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 block 10 (Date of Birth) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge).
2. The applicant states the year of his date of birth (DOB) is 1923 and not 1924 as is listed on the WD AGO Form 53-55.
3. The applicant provides a copy of his birth certificate issued on 26 October 2011 in support of his application.
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 on 13 March 1943 and entered active duty on 20 March 1943. The DOB entry in block 10 lists the year of birth as 1924.
4. The WD AGO Form 53-55 confirms the applicant was honorably discharged from active duty on 16 February 1946, in the rank of corporal, after completing
2 years, 10 months, and 27 days of active military service.
5. The applicant provides a copy of his birth certificate issued on 26 October 2011 that lists the year of his birth as 1923.
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 with the birth year of 1924. 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. While the applicants desire to have the records changed to reflect the DOB listed on the birth certificate he now provides is understood, 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. Therefore, there is an insufficient evidentiary basis to support compromising the integrity of the Armys records to satisfy this request at this late date.
3. A copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion regarding the difference in the DOB recorded on his WD AGO Form 53-55 and the one on his birth certificate.
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) AR20110021824
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ABCMR Record of Proceedings (cont) AR20110021824
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