BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130002425
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, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to change his date of birth (DOB) from "XX Fxxxxxxx XXX6" to "XX Fxxxxxxx XXX5."
2. The applicant states the DOB listed in his WD AGO Form 53-55 is incorrect.
3. The applicant provides:
* WD AGO Form 53-55
* Certificate of Birth
* Letter from the Veterans Service Commission, dated 24 February 2013
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 records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. A WD Form 372A (Final Payment Work Sheet) is the only document remaining in the reconstructed record for review in this case.
3. The applicant provided his WD AGO Form 53-55 which shows he was inducted into the Army of the United States at Indianapolis, IN and entered active duty on 6 February 1946. He held military occupational specialty 802 (Artillery Mechanic Minor Maintenance). This form lists his DOB as "XX Fxxxxxxx XXX6." He was honorably discharged from active duty on 9 December 1946.
4. His record contains a WD Form 372A, issued on 9 December 1946. This form contains his finance information but does not include his DOB.
5. He provided his certificate of birth which shows his DOB as "XX Fxxxxxxx XXX5."
DISCUSSION AND CONCLUSIONS:
1. The evidence provided by the applicant shows his DOB as "XX Fxxxxxxx XXX5."
2. Unfortunately, his induction document is not available for review with this case. It is unclear what DOB he used upon entering active duty. However, the WD AGO Form 53-55 he provided shows his DOB as "XX Fxxxxxxx XXX6." In the absence of his military records or at least his induction document it is presumed that the DOB shown on his WD AGO Form 53-55 is correct.
3. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, absent convincing, independent, and verifiable evidence to the contrary, it is presumed that his military service records including the WD AGO Form 53-55 were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
4. Nevertheless, a copy of this decisional document will be filed in his service record in order to provide clarity and deal with any confusion that may arise regarding the different DOB recorded on his birth certificate. Filing the Board's decisional document in his record will also guarantee the historical integrity of the applicant's military record.
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) AR20130002425
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ABCMR Record of Proceedings (cont) AR20130002425
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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