IN THE CASE OF:
BOARD DATE: 19 February 2014
DOCKET NUMBER: AR20130011239
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, in effect, correction of his records to show his date of birth (DOB) as 24 July 1923 instead of 28 August 1922.
2. The applicant states, in effect, he obtained a copy of his birth certificate and discovered the error while applying for a passport. He states he used 28 August 1922 when he enlisted. He also states correcting the error is more for his children and peace of mind for him.
3. The applicant provides:
* birth certificate
* Honorable Discharge Certificate
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) for the period ending 29 June 1945
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 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 for the period ending 29 June 1945 shows:
* he enlisted in the Regular Army on 28 August 1940
* his DOB as 28 August 1922
* he was honorably separated on 29 June 1945 by reason of demobilization
4. After having a break in service, the applicant enlisted in the Regular Army on 22 October 1947.
5. On 18 February 1949, he was honorably discharged. His WD AGO Form 53 (Enlisted Record and Report of Separation Honorable Discharge) shows his DOB as 28 August 1922.
6. The applicant provides a copy of his birth certificate which shows his DOB as 24 July 1923.
7. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for preparation of the separation document. These publications state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his military record to show his DOB as 24 July 1923 instead of 28 August 1922 was carefully considered.
2. The available evidence is void of his enlistment documents that show the DOB he recorded upon entry into military service. The only available military documents are his WD AGO Form 53-55 and WD AGO Form 53. Both documents show his DOB as 28 August 1922. In addition, he acknowledges that he used 28 August 1922 as his DOB when he enlisted. In the absence of compelling information to the contrary, there is an insufficient basis for changing the applicant's DOB.
3. For historical purposes, the Army has an interest in maintaining the integrity 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. Again, he states he used 28 August 1922 when he enlisted. Therefore, it is presumed that his military service records, including the WD AGO Forms 53-55 and 53, were correct at the time and there is an insufficient evidentiary basis for changing his DOB.
4. Nevertheless, a copy of this decisional document will be filed in the applicant's official military records. This should serve to clarify any questions or confusion regarding the difference in the DOB listed on his birth certificate and the DOB listed in his military records.
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) AR20130011239
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ABCMR Record of Proceedings (cont) AR20130011239
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