IN THE CASE OF:
BOARD DATE: 8 August 2013
DOCKET NUMBER: AR20130001500
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 "DD Form 214" to show his correct date of birth (DOB).
2. The applicant states:
a. his DOB should reflect 19 June 1923 instead of 19 January 1923; and
b. the DOB entry on his separation document contains a typographical error.
3. The applicant provides copies of:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation honorable Discharge) and a Certificate of Birth
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 the applicant's records were lost or destroyed in that fire. This applicant's WD AGO Form 53-55 is the primary document used in this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 28 January 1943 and entered active duty on 4 February 1943. He continued to serve until he was honorably discharged on 2 December 1945. Item 10 (DOB) of his WD AGO Form 53-55 shows the entry "19 Jan 23."
4. The certificate of birth provided by the applicant, issued on 16 October 1980, shows his DOB as 19 June 1923.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his WD AGO Form 53-55 should be corrected to show his correct DOB as 19 June 1923, which is the date that is reflected on his certificate of birth.
2. Absent any other official evidence from the applicant's military record to corroborate his claim that the DOB listed on his WD AGO Form 53-55 contains an error, there is an insufficient evidentiary basis upon which to grant the requested relief.
3. For historical purposes, the Army has an interest in maintaining the integrity 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 DOB that is listed on his birth certificate in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
4. The applicant is advised that a copy of this decisional document which lists the DOB that is listed on his birth certificate will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have the DOB on his birth certificate documented in those records.
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) AR20130001500
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ABCMR Record of Proceedings (cont) AR20130001500
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