IN THE CASE OF:
BOARD DATE: 28 January 2014
DOCKET NUMBER: AR20130008442
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 (Report of Separation from the Armed Forces of the United States) to show his date of birth (DOB) as 16 October vice 16 December 19XX.
2. The applicant states his DOB is incorrectly listed on his DD Form 214.
3. The applicant provides:
* WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service)
* DD Form 214
* Birth Record
* Certificate of Baptism
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 applicants 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 his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 show he was inducted into the Army of the United States and entered active duty on 28 February 1945.
4. He was honorably separated on 7 January 1947. Item 10 (DOB) of his WD AGO Form 53-55 listed his DOB as 16 October 19XX.
5. He enlisted in the Regular Army for 3 years on 27 December 1950. He was honorably discharged on 17 December 1953. Item 10 (DOB) of his DD Form 214 listed his DOB as 16 December 19XX.
6. He submitted a copy of a Birth Record that shows his DOB as 16 October 19XX and a Certificate of Baptism that also shows his DOB as 16 October 19XX.
DISCUSSION AND CONCLUSIONS:
1. Although the applicant's initial induction record and subsequent enlistment record are not available for review with this case, his WD AGO Form 53-55 and DD Form 214 listed two different DOBs. However, the DOB listed on his WD AGO Form 53-55 is consistent with his Birth Record and Certificate of Baptism. Therefore, it is reasonable to presume that his DD Form 214 inadvertently listed his month of birth as December instead of October of 19XX.
2. 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, he should be entitled to correction of his DD Form 214 to show the correct DOB.
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 the current entry from item 10 of his DD Form 214, ending on 17 December 1953, and adding the DOB as shown on his WD AGO Form 53-55.
__________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) AR20130008442
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ABCMR Record of Proceedings (cont) AR20130008442
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