IN THE CASE OF:
BOARD DATE: 16 January 2014
DOCKET NUMBER: AR20130009190
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 list his DOB as 7 April 19XX vice 17 April 19XX.
2. The applicant states he was born on 7 April 19XX. He did not know his DOB was incorrect until he received a copy of his honorable discharge.
3. The applicant provides copies of his DD Form 214 and birth certificate, a Power of Attorney, and a letter from the National Personnel Records Center (NPRC).
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 16 million service members records at the NPRC in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. He provided copies of the following:
a. A WD AGO Form 53-55 which shows he was inducted into the Army of the United States (AUS) on 5 March 1943 and entered into active service on 12 March 1943. He was honorably discharged on 21 February 1946. Item 10 of his WD AGO Form 53-55 lists his DOB as 17 April 19XX;
b. A Power of Attorney, dated 6 May 2011;
c. A Texas Department of Health Record of Births, issued on 15 March 2013, which shows an individual with the same name as his was born on 7 April 19XX; and
d. A letter from the NPRC, dated 29 April 2013, which advised him that a fire destroyed the major portion of records of Army military personnel for the period 1912 through 1959 and the honorable discharge document he provided contained more information than they were able to reconstruct.
DISCUSSION AND CONCLUSIONS:
1. The available evidence of record shows the applicant was inducted into the AUS using the DOB of 17 April 19XX. There is no evidence of record and the evidence he submitted is not sufficient to show an error exists or to change the DOB shown on his WD AGO Form 53-55. For historical purposes, the Army has an interest in maintaining the consistency of its records. The data contained in those records should reflect the conditions and circumstances that existed at the time the records were created.
2. While his desire to have his WD AGO Form 53-55 changed to show the DOB he now uses is understood, it is not a basis for compromising the integrity of the Army's records. A copy of this decisional document will be filed in his available military records for reference purposes.
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) AR20130009190
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ABCMR Record of Proceedings (cont) AR20130009190
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