IN THE CASE OF:
BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130009059
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 June 1925 vice X January 1925.
2. The applicant states, in effect, his DOB is incorrect on his WD AGO Form 53-55.
3. The applicant provides his WD AGO Form 53-55 and 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 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 enlisted in the Regular Army on 28 May 1943 and entered active service on 12 July 1943 at New Cumberland, PA. He held military occupational specialty 2601 (Fuse Setter) and his last unit of assignment was Battery A, 131st Antiaircraft Artillery Gun Battalion.
4. His WD AGO Form 53-55 also shows he was honorably discharged on
7 February 1946. Item 10 of his WD AGO Form 53-55 contains the entry X January 1925.
5. He provides his Honorable Discharge Certificate, issued on 7 February 1946.
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) AR20130009059
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ABCMR Record of Proceedings (cont) AR20130009059
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