IN THE CASE OF:
BOARD DATE: 12 December 2013
DOCKET NUMBER: AR20130007007
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his separation date as 30 April 1947 and his date of birth (DOB) as 31 October 1927.
2. The applicant states a typographical error resulted in his separation date and DOB being incorrectly entered on his WD AGO Form 53-55. He was discharged on 30 April 1947 and his DOB is 31 October 1927.
3. The applicant provides a copy 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 applicant's 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 the applicant's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 5 February 1946. He was honorably discharged on 30 April 1947 after completing 1 year, 2 months, and 26 days of active service. His WD AGO Form 53-55 issued at the time of his discharge shows his separation date as 30 April 1927. This form also shows his DOB as 30 October 1927.
4. The birth certificate provided by the applicant shows his DOB as 31 October 1927.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his separation date and DOB should be corrected has been noted and appears to have merit.
2. The applicant was discharged in 1947; however, his WD AGO Form 53-55 shows he was discharged in 1927, which is obviously a typographical error.
3. Likewise, it is reasonable to presume that a similar mistake was made when his DOB was typed as 30 October instead of 31 October.
4. Accordingly, these errors should be corrected at this time.
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 is 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:
* deleting the current entry from item 7 of his WD AGO Form 53-55 and replacing it with the entry "30 April 1947"
* deleting the current entry from item 10 of his WD AGO Form 53-55 and replacing it with the entry "31 October 1927"
_____________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) AR20130007007
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ABCMR Record of Proceedings (cont) AR20130007007
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