IN THE CASE OF:
BOARD DATE: 9 January 2014
DOCKET NUMBER: AR20130008491
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 his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 8 April 1925 instead of 13 July 1925.
2. The applicant states a clerk typed the wrong DOB.
3. The applicant provides:
* WD AGO Form 53-55
* Certificate of Birth
* Honorable Discharge 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 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. However, there were sufficient documents provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 October 1943 and he entered active service on 27 October 1943. A copy of the applicant's induction documents are not available for review with this case.
4. The applicant's records also show he completed 9 months and 13 days of continental service and 1 year, 5 month, and 8 days of foreign service. He was honorably discharged at Fort McPherson, GA, on 17 January 1946. Item 10 (DOB) of his WD AGO Form 53-55 shows he was born on 13 July 1925.
5. The applicant submitted a copy of a certificate of birth which shows his DOB as 8 April 1925.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record is void of his induction documents that shows the DOB he recorded upon his entry into military service.
2. 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 requested DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his Army Military Human Resource Record (AMHRR) (formerly known as the Official Military Personnel File). This should serve to clarify any questions or confusion in regard to the DOB recorded in his military records and to satisfy his desire to have his requested DOB documented in his AMHRR.
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) AR20130008491
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130008491
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009059
IN THE CASE OF: BOARD DATE: 23 January 2014 DOCKET NUMBER: AR20130009059 THE BOARD CONSIDERED THE FOLLOWING 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 June 1925 vice X January 1925. 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...
ARMY | BCMR | CY2014 | 20140012094
The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. Upon induction into the U.S. Army in April 1943, the applicant reported that his DOB was "X October 1924" (i.e., that he was 18 years of age).
ARMY | BCMR | CY2010 | 20100020646
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his branch of service * his correct date of birth (DOB) * the correct spelling of his last name 2. The evidence clearly shows a clerical error in the recording of his DOB on his WD AGO Form 53-55.
ARMY | BCMR | CY2009 | 20090019163
Application for correction of military records (with supporting documents provided, if any). The applicant requests the following corrections on his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge): * Item 34 (Wounds in Action) to show he was wounded in battle and sustained a severe compound fracture to his left ankle * Item 10 (Date of Birth) to show his date of birth (DOB) as 15 May 1925 instead of 25 May 1925 2. The applicants military records are not...
ARMY | BCMR | CY2013 | 20130005103
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2008 | 20080019584
Application for correction of military records (with supporting documents provided, if any). This document shows the applicant corrected his record of birth to show his correct DOB as 18 December 1925. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB and POB, will be filed in the applicants NPRC file, which now serves as his Official Military Personnel File (OMPF).
ARMY | BCMR | CY2013 | 20130007247
The applicant provides his WD AGO Form 53-55 and a certificate of birth. 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.
ARMY | BCMR | CY2013 | 20130008921
The applicant requests correction of WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 3 April 1924 instead of 2 April 1924. The applicant states his original birth certificate shows his correct DOB. ABCMR Record of Proceedings (cont) AR20130008921 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008921 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2006 | 20060014742
x The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests correction of his Induction Record to show his date of birth (DOB) as 6 September 1925. His Induction Record shows his DOB as 1 January 1925.
ARMY | BCMR | CY2014 | 20140009489
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his date of birth (DOB) as 4 January 19XX vice 14 January 19XX. 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. In the absence of evidence to the contrary,...