IN THE CASE OF:
BOARD DATE: 11 October 2012
DOCKET NUMBER: AR20120006003
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 her deceased husband's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge), a former service member (FSM), to show his year of birth as "1922" instead of "1923."
2. The applicant states the year of birth shown on the FSM's WD AGO
Form 53-55 is incorrect and is different from the year of birth shown on his birth certificate and headstone.
3. She provides:
* FSM's State of Nebraska Department of Health and Human Services Bureau of Vital Statistics Certificate of Birth and Certificate of Death
* FSM's WD AGO Form 53-55
* FSM's obituary
CONSIDERATION OF EVIDENCE:
1. The FSM's 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 in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using the aforementioned documents submitted by the applicant.
2. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 20 November 1942. This form also shows he was honorably discharged on 29 November 1945 after completing 3 years and 10 days of creditable active service. His year of birth is shown as "1923" on this form. The FSM authenticated this document with his signature at the time of his separation.
3. The applicant provides the FSM's birth certificate, initially filed on 31 December 1922, which shows his year of birth as "1922."
4. The applicant provides an extract of the FSM's State of Nebraska, Department of Health and Human Services, Bureau of Statistics Certificate of Death, dated 20 December 2011, which shows his year of birth as "1922."
5. The applicant provides the FSM's obituary which shows his year of birth as "1922."
6. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time of the FSM's separation, provided the procedures to be followed in the separation of enlisted personnel from active service and described the proper method of execution and disposition of the various forms, records, and reports required. In pertinent part, this manual stipulated that the WD AGO Form 53-55 was to be completed based upon interviewing the Soldier and referring to all available records regarding the period of service to be covered by the forms. It established standardized policy for the preparation of the WD AGO Form 53-55. It stated that the date of birth of the separating Soldier would be entered on the form.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's WD AGO Form 53-55 should be corrected to change his year of birth from "1923" to "1922" was carefully considered.
2. In view of the fact that the FSM's service record is unavailable, there is no way to determine which year of birth he used during his period of service. Although the FSM's year of birth appears as "1923" on the WD AGO Form 53-55 issued to him at the time of separation, his birth certificate clearly shows his birth year was "1922." It is not unreasonable to presume a typographic error was made when preparing his WD AGO Form 53-55.
3. Therefore, the FSM's birth certificate is accepted as sufficiently mitigating evidence to warrant a correction of his WD AGO Form 53-55 to show his year of birth as "1922."
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the FSM's WD AGO Form 53-55 to show his year of birth as "1922."
____________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) AR20120006003
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ABCMR Record of Proceedings (cont) AR20120006003
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