BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130014835
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, the service member's (SM) daughter, requests correction of item 10 (Date of Birth (DOB)) of the service member's WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his DOB as 19 September XXXX vice 24 November XXXX.
2. The applicant states, in effect, the SM's DOB is incorrect on his WD AGO Form 53-55 and his medical examination report.
3. The applicant provides:
* WD AGO Form 53-55
* Birth Certificate from the State of Texas
* Statutory Durable Power of Attorney
* Durable Power of Attorney for Health Care and Living Will
* Standard Form 68 (Report of Medical Examination), dated 23 May 1951
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 SM'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 his records were lost or destroyed in that fire. However, a partial reconstructed record is available and the applicant provided a copy of the SM's WD AGO Form 53-55. These documents are sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. The SM's WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 7 March 1946 and he entered active service on the same day
* he held military occupational specialty 345 (Truck Driver - Light)
* his last unit of assignment was Company B, 9th Infantry
* his DOB is shown on his Induction Record, Report of Physical Examination and Induction, and Report of Medical Examination as
24 November XXXX
* he was honorably discharged on 25 April 1947
4. Item 10 of his WD AGO Form 53-55 shows his DOB as 24 November XXXX.
5. The applicant provides the SM's birth certificate which shows his DOB as
19 September XXXX.
DISCUSSION AND CONCLUSIONS:
1. A review of the SM's reconstructed records revealed no evidence indicating the DOB shown on his birth certificate was recorded as his DOB during his military service. The record of evidence shows he was inducted and served using 24 November XXXX as his DOB.
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 SM's 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 the SM's 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 the SM's military records and to satisfy the desire to have the 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) AR20130014835
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