IN THE CASE OF:
BOARD DATE: 19 December 2013
DOCKET NUMBER: AR20130007247
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 item 10 (Date of Birth (DOB)) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his DOB as X August 1925 vice X August 1945.
2. The applicant states his DOB is incorrect on his WD AGO Form 53-55.
3. The applicant provides his WD AGO Form 53-55 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 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 complete 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 the applicant's records were lost or destroyed in that fire. However, the applicant provided his WD AGO Form 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States and entered active service on 24 November 1944 at Fort Snelling, MN. He held military occupational specialty 745 (Rifleman) and his last unit of assignment was Headquarters Company, 1st Battalion, 39th Infantry.
4. His WD AGO Form 53-55 also shows he was honorably discharged on 1 December 1945 at Camp McCoy, WI. Item 10 of his WD AGO Form 53-55 contains the entry X August 1945.
5. The applicant provides a State of Minnesota Certificate of Birth, issued on 10 April 2013. This certificate shows an individual with the same full name as the applicant was born on X August 1925. It also shows his birth registration was originally filed on XX August 1925.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 shows his DOB as X August 1945 which was the year he was discharged from active duty. He provides a Certificate of Birth that shows his DOB as X August 1925 and that his birth registration was originally filed in August 1925. It is apparent an error was made during the preparation of his WD AGO Form 53-55 and it can be presumed that his year of birth was entered incorrectly on his WD AGO Form 53-55 as 1945 vice 1925. Therefore, it would be appropriate to correct his WD AGO Form
53-55 to show his DOB as X August 1925.
2. The applicant and all others concerned should know that the sacrifices made by the applicant in service to our Nation are greatly appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 from item 10 of his WD AGO Form 53-55 the current entry and replacing it with the DOB as shown on his certificate of birth.
_______ _ 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) AR20130007247
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