BOARD DATE: 9 October 2012
DOCKET NUMBER: AR20120007047
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 military records to show his date of birth (DOB) as 6 November 19XX and to remove the suffix "Jr." from his name.
2. The applicant states his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) incorrectly shows his DOB as 7 November 19XX.
3. The applicant provides copies of his WD AGO Form 53-55 and birth 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 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 record is not available to the Board for review. A fire destroyed approximately 18 million service members' records at the National Personnel Record Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. The available records are limited to the documents provided by the applicant.
3. The applicant was inducted into the Army of the United States on 19 November 1942 and entered active service on 27 November 1942. He served in the Asiatic-Pacific theater from 15 June 1943 to 1 December 1945.
4. His WD AGO Form 53-55 shows his full name as B____ M. G____, Jr. and his DOB as 7 November 19XX.
5. The birth certificate he provides shows the applicant and his father changed their names and are known by the names B____ M____ G____ (the applicant) and B____ A____ G____ (the father) as of 20 October 1943. The applicant's DOB is shown as 6 November 19XX.
6. By legal definition, the suffix "Jr." is normally used only for males to differentiate the son of a person with the exact same name as the father. This differs from the suffix "II" (second) which designates a descendent separated by one or more generations (i.e., grandfather/grandson) with the exact same name.
7. 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. This regulation states 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. The ABCMR will decide cases based on the evidence of record. It is not an investigative body.
DISCUSSION AND CONCLUSIONS:
1. Normally without additional military records the ABCMR would presume regularity and decline to change the applicant's records. However, the corrections requested are clearly shown to be contrary to the information available to the military at the time the applicant was serving on active duty.
2. The birth certificate clearly shows applicant's DOB as 6 November, not 7 November, and it is reasonable to presume the WD AGO Form 53-55 entry is a typographical error.
3. The birth certificate also clearly shows the applicant and his father do not have the exact same name and the applicant's name does not include the "Jr." suffix. Therefore, it is appropriate to delete this entry from the applicant's WD AGO Form 53-55.
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 was 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 applicant's WD AGO Form 53-55:
a. to show his date of birth as shown on his birth certificate and
b. to delete the suffix "Jr." from his name.
___________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) AR20120007047
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