IN THE CASE OF:
BOARD DATE: 4 March 2014
DOCKET NUMBER: AR20130012462
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 WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show the month of his birth as "March" vice "May."
2. The applicant states his date of birth is incorrect on his WD AGO Form 53-55.
3. The applicant provides:
* WD AGO Form 53-55
* WD AGO Form 100 (Army of the United States Separation Qualification Record)
* Texas Department of Health, Bureau of Vital Statistics, Certificate of Birth
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 his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using the aforementioned documents submitted by the applicant.
3. His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 5 April 1941. He was honorably discharged on 27 December 1945. His month of birth is shown as "May" on this form.
4. He provides his birth certificate and his Army of the United States Separation Qualification Record which both show his month of birth as "March."
5. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time of the applicant's separation, provided the procedures to be followed in the separation of enlisted personnel from active service and described the proper method of execution and disposition of the various forms, records, and reports required. In pertinent part, this manual stipulated that the WD AGO Form 53-55 was to be completed based upon interviewing the Soldier and referring to all available records regarding the period of service to be covered by the forms. It established standardized policy for the preparation of the WD AGO Form 53-55. It stated that the date of birth of the separating Soldier would be entered on the form.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his WD AGO Form 53-55 to show his month of birth as "March" vice "May."
2. Although the applicant's initial induction record and subsequent enlistment record are not available for review with this case his Separation Qualification Record is consistent with the month of birth recorded on his Certificate of Birth. Therefore, it is reasonable to presume that his WD AGO Form 53-55 inadvertently lists his month of birth as "May" instead of "March."
3. Therefore, his birth certificate is accepted as sufficient evidence to warrant a correction of his WD AGO Form 53-55 to show his month of birth as "March."
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 amending his WD AGO Form 53-55 to show his month of birth as "March" as it is shown on his Certificate of Birth.
_______ _ 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) AR20130012462
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ABCMR Record of Proceedings (cont) AR20130012462
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