IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20110024510
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 records to show his date of birth (DOB) as 3 April xxxx instead of 31 March xxxx.
2. The applicant states his records show the wrong DOB.
3. The applicant provides:
* Petition for Issuance of Immigrant Visa
* WD AGO Form 100 (Separation Qualification Record)
* Health Insurance Card
* Social Security Card
* Driver License
4. The applicant also states that he provided a DD Form 214 (Certificate of Release or Discharge from Active Duty); however, it was not received with 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 applicant's 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 his 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. At the time of the applicant's service the separation document was the
WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Service), which is not available for review with this case.
4. The applicant's WD AGO Form 100 shows he entered active duty on 24 February 1943 and held military occupational specialty 766 (Radio Operator). He served with Company C, 563rd Signal Aircraft Warning Battalion for
27 months.
5. He was honorably separated in the rank of private first class on 6 December 1945. His WD AGO Form 100 shows his DOB as 31 March xxxx.
6. The applicant submitted a Petition for Issuance of an Immigrant Visa, dated 18 October 1945; this document listed his DOB as 3 April xxxx. He also submitted a Health Insurance Card, and Social Security Card, which lists no DOB, and a Driver License that lists 31 March xxxx as his DOB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's enlistment or induction document is not available for review with this case. It is impossible to tell what DOB he used at the time of enlistment or induction. Additionally, his WD AGO Form 53-55 is not available either. It is equally unknown what DOB was used on that form.
2. The only available military document is the WD AGO Form 100 which listed his DOB as 31 March xxxx. It is unclear if he used the requested DOB during his military service.
3. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing his DOB in this case.
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) AR20110024510
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20110024510
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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