IN THE CASE OF
BOARD DATE: 4 January 2013
DOCKET NUMBER: AR20120011548
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 that his date of birth be changed on his discharge document.
2. The applicant states the date on his honorable discharge document does not match his actual birth certificate and he would like it to be corrected to avoid possible problems for his heirs upon his death.
3. The applicant provides copies a WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) and a 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 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. It is believed that the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from documents provided by the applicant.
3. The WD AGO 53-55 provided shows a date of birth of 25 August 1926.
4 The birth certificate provided shows a birth date of 16 September 1927 with the 16 lined through and a 14 typed above it.
5. Army Regulation 15-185 (Army Board for Correction of Military Records), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. If there was only a minor difference in the two dates it would be reasonable to presume that the difference was a minor typographical error; however, no aspect of the two dates match and they are 13 months apart.
2. Additionally, the lined out date on the birth certificate raises a question of the validity of this document.
3. With this significant difference in the dates and the altered birth certificate, without additional evidence to show the applicant and the Soldier are one and the same and/or an explanation of why the two significantly different dates were used, it is inappropriate to correct the WD AGO Form 53-55.
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) AR20120011548
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ABCMR Record of Proceedings (cont) AR20120011548
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