IN THE CASE OF:
BOARD DATE: 2 July 2014
DOCKET NUMBER: AR20130020262
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 (DOB) as 7 May1924 instead of 5 August 1924.
2. The applicant states his WD AGO Form 53-55 incorrectly shows his DOB as 5 August1924 instead of 7 May1924.
3. The applicant provides copies of his WD AGO Form 53-55, drivers license and his induction physical.
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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. It is believed the applicant's records were lost or destroyed in that fire. However, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 24 March 1943 and he entered active duty at Camp Grant, IL on 31 March 1943. His record contains a DSS Form 221 (Report of Physical Examination and Induction) that shows in item 16 (DOB) at the time of his induction his DOB was 7 May 1924.
4. On 30 December 1945 he was honorably discharged. His WD AGO Form
53-55 shows in item 10 his DOB as 5 August 1924.
DISCUSSION AND CONCLUSIONS:
The available records clearly show that the applicants DOB was recorded as
7 May 1924 at the time and his WD AGO Form 53-55 should be corrected accordingly.
BOARD VOTE:
___X____ __X____ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 showing on his WD AGO Form 53-55 that his DOB in item 10 is 7 May instead of 5 August.
2. The Board wants the applicant and all others concerned to know this action in no way diminishes the sacrifices made by him in service to the United States during the WWII. 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) AR20130020262
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ABCMR Record of Proceedings (cont) AR20130020262
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