IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130013135
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 his date of birth as 14 April 1928 vice 14 April 1926.
2. The applicant states the DOB on his WD AGO Form 53-55 is shown as 14 April 1926, but his actual DOB is 14 April 1928. He believes that his actual DOB should be reflected on his WD AGO Form 53-55 for accuracy and to preclude any issues when he applies for Department of Veterans Affairs benefits.
3. The applicant provides his WD AGO Form 53 and a certificate of birth registration.
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 the applicant's records were lost or destroyed in that fire. This case is being considered based on the WD AGO Form 53-55 provided by the applicant which he claims is incorrect.
3. The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army and entered active duty on 18 November 1943. Item 10 (DOB) shows 14 April 1926. This date indicates he was 17 years, 7 months, and 5 days of age at the time he enlisted.
4. He was honorably discharged on 16 March 1946. He completed 1 year, 6 months, and 4 days of continental United States service and 10 months and 4 days of foreign service. He held military occupational specialty 746 (Automatic Rifleman) and he was assigned to the 504th Infantry Regiment, 82nd Airborne Division.
5. The applicant provided a California Certificate of Registration wherein it shows he was born on 14 April 1928.
DISCUSSION AND CONCLUSIONS:
1. It appears that when the applicant enlisted in the Army on 18 November 1943 he listed his DOB as 14 April 1926; otherwise, he would have been far too young to enlist. This is the DOB that was entered on his WD AGO Form 53-55 when this form was prepared. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct.
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 understood that the applicant desires to have the DOB shown on his birth certificate documented in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Therefore, there is an insufficient evidentiary basis for granting his request.
3. A copy of this decisional document will be filed in the applicants military records to clarify the discrepancy between the DOB shown in his records and that shown on his birth certificate.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
2. The Board wants the applicant and all others to know the sacrifices he made in service to our Nation are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130013135
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ABCMR Record of Proceedings (cont) AR20130013135
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