IN THE CASE OF:
BOARD DATE: 4 December 2012
DOCKET NUMBER: AR20120010134
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, the son of a deceased former service member (FSM), requests correction of the date of birth (DOB) shown in the FSM's record.
2. He states the FSM's DOB should be 2 April 1926 vice 3 March 1926. He states the FSM passed away on 25 March 2012, and the error was discovered in the process of burial at the State of Hawaii Cemetery. The cemetery has stated the error must be corrected before entering the correct DOB on his headstone.
3. He provides:
* the FSM's Certificate of Death
* his Certificate of Live Birth
* the FSM's two WD AGO Forms 53-55 (Enlisted Record and Report of Separation - Honorable Discharge)
* the FSM's Standard Certificate of Birth
* court orders changing the FSM's name
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. On 15 December 1945, the FSM was inducted into the Army of the United States (AUS).
3. On 17 December 1945, he signed a Report of Physical Examination and Induction showing his DOB as "March 3 1926."
4. On 27 June 1946, he was honorably discharged from the AUS to enlist in the Regular Army (RA). The WD AGO Form 53-55 issued at that time shows his DOB as "3 March 1926."
5. On 9 June 1947, he signed a statement acknowledging, in part, he had been interviewed to determine that records pertaining to him were accurate and that he was satisfied as to the accuracy and completeness of those records.
6. On 7 July 1947, he was honorably discharged from the RA. The WD AGO Form 53-55 issued at that time shows his DOB as "3 Mar 26."
7. A review of his record shows all documents bearing a DOB show the date 3 March 1926.
8. The applicant provides, in part:
* a Certificate of Death showing the FSM died on 25 March 2012 and his DOB was 2 April 1926
* a Territory of Hawaii Standard Certificate of Birth showing the FSM was born on 2 April 1926
DISCUSSION AND CONCLUSIONS:
1. A review of the FSM's record shows his DOB was recorded as 3 March 1926 throughout his military service.
2. 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 the FSM's 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.
3. The applicant is advised that a copy of this decisional document will be filed in the FSM's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in the FSM's military record and to satisfy the applicant's desire to have his correct DOB documented in his AMHRR.
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) AR20120010134
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120010134
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010607
IN THE CASE OF: BOARD DATE: 14 August 2008 DOCKET NUMBER: AR20080010607 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his Enlisted Record and Report of Separation (WD AGO 53-55) be corrected to reflect his correct Date of Birth (DOB). While the applicants desire to have the records changed to reflect the correct DOB, as reflected on his birth certificate is understood, there is no indication the applicant questioned the DOB at the time he entered...
ARMY | BCMR | CY2014 | 20140003262
The applicant's complete military records are not available to the Board for review. There are no available military records that show he used 23 September 1926 as his DOB during his active duty service. A copy of this decisional document will be filed in his records to clarify any discrepancy between the DOB recorded in his official military personnel file and that shown on his birth certificate.
ARMY | BCMR | CY2011 | 20110019510
The applicant provides a copy of a Durable Power of Attorney, dated 5 February 1999; Incapacitation Statement, dated 13 September 2010; the FSM's birth certificate; and his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). The FSM's available military service records do not contain a copy of his enlistment document. Records show the FSM's DOB was recorded in his official military service records as 2 July 1922.
ARMY | BCMR | CY2008 | 20080013065
Between 1912 and 1942, records indicate nearly 3,000 enlisted men of the Signal Corps, Air Service and the Army Air Forces became sergeant pilots. The available evidence shows the FSM was trained and served as an infantry Soldier throughout his military service. Had he been commissioned in the Army Air Corps as a pilot, he would have been issued a WD AGO Form 53-55, discharging him from his enlisted status, and even if he was commissioned, his separation document would still show his...
ARMY | BCMR | CY2011 | 20110010121
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Service) to show his date of birth (DOB) as 19 May 1926 instead of 19 May 1928. At the time of his enlistment, the applicant listed his DOB as 28 May 1928. ABCMR Record of Proceedings (cont) AR20110010121 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110010121 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF...
ARMY | BCMR | CY2013 | 20130011637
The applicant requests correction of his military records to show his date of birth (DOB) as 28 May 1927 instead of 17 November 1926. 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. Although the birth certificate provided by the applicant shows his DOB as 28 May 1927, the evidence of...
ARMY | BCMR | CY2014 | 20140005883
The applicant, the daughter of a deceased former service member (FSM), requests on behalf of her father award of the Army Good Conduct Medal and correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show this medal. The FSM's complete military records are not available for review. Section 21 (Medals, Decorations, and Citations) of his WD AGO Form 24A (Service Record), for the period 6 April 1946 to 13 April 1947, does not show the...
ARMY | BCMR | CY2013 | 20130013135
IN THE CASE OF: BOARD DATE: 25 March 2014 DOCKET NUMBER: AR20130013135 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth as 14 April 1928 vice 14 April 1926. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2013 | 20130021372
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 22 March 1947 to show his middle name and to show his rank as staff sergeant (S/SGT) instead of private first class (PFC). The available evidence shows that at the time of the FSM's discharge on 28 October 1945, his rank was PFC, which is reflected on his WD AGO Form 53-55 covering...
ARMY | BCMR | CY2014 | 20140003757
The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. However, at the time of his discharge, his DOB was recorded on his WD AGO Form 53-55 as X September 1927.