IN THE CASE OF
BOARD DATE: 3 June 2014
DOCKET NUMBER: AR20130017378
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 month of birth as March instead of May.
2. He states there is an error in his month of birth.
3. He provides his WD AGO Form 53-55, Certificate of Birth, and Honorable Discharge Certificate.
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 ABCMR for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed that the applicant's records were lost or destroyed in that fire. This case is being considered using the
WD AGO Form 53-55 provided by the applicant.
3. Records available to the Board show the applicant was inducted into the Army of the United States on 8 July 1943 and entered active duty on 29 July 1943. He was honorably discharged from active duty on 26 March 1946 by reason of demobilization and he was credited with completing 2 years, 7 months, and 28 days of total active service.
4. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his month of birth as May.
5. He provides a copy of his Certificate Birth from the Health and Hospital Corporation of Marion County, Division of Public Health, Indianapolis, IN issued on 5 August 1981 that shows he was born in March 1925.
6. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate, reflective of the conditions as they existed at the time of separation.
DISCUSSION AND CONCLUSIONS:
Although the applicant's military records are not available for review, his birth certificate confirms his month of birth as March. Therefore, it is accepted that an administrative error occurred during the preparation of his WD AGO Form
53-55 resulting in his birth month being listed as May instead of March. Therefore, it would be appropriate to correct his WD AGO Form 53-55 to show his correct month of birth.
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 appears on his birth certificate.
_______ _ 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) AR20130017378
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130017378
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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