IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021218
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 5 July 1922 instead of 15 March 1924.
2. The applicant states his actual birthday is 5 July 1922. He also states he needs this document corrected to receive Department of Veterans Affairs medical care.
3. The applicant provides his WD AGO Form 53-55 and a Delayed 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 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 that the applicant's records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record and that provided by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States on 16 April 1943 and he entered active service on 23 April 1943.
* he was honorably discharged on 9 December 1945 for the convenience of ghe Government at demobilization
* in item 10 (DOB shows the entry ) "15 MAR 24"
4. A Form 55A (Clinical Record Brief) contained in his available record shows his DOB as 15 March 1924.
5. He provides a birth certificate, which is not legible.
DISCUSSION AND CONCLUSIONS:
1. His WD AGO Form 53-55 and a Clinical Record Brief show his DOB as 15 March 1924.
2. The copy of a birth certificate he provides is not legible. Therefore, there is insufficient evidence to support changing the applicant's WD AGO Form 53-55 to show the DOB he requests.
3. For historical purposes, the Army has an interest in maintaining the accuracy 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. There is a reluctance to recommend that those records be changed. While it is understandable that the applicant desires to have his military records changed to reflect the DOB he requested, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
4. The applicant is advised that a copy of this decisional document will be filed in his official record.
5. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20130021218
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130021218
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130005103
Application for correction of military records (with supporting documents provided, if any). 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. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2009 | 20090006240
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...
ARMY | BCMR | CY2011 | 20110021824
IN THE CASE OF: BOARD DATE: 1 May 2012 DOCKET NUMBER: AR20110021824 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states the year of his date of birth (DOB) is 1923 and not 1924 as is listed on the WD AGO Form 53-55. While the applicants desire to have the records changed to reflect the DOB listed on the birth certificate he now provides is understood, there is no indication he questioned the DOB at any time during his military service, or at the time he was separated from...
ARMY | BCMR | CY2013 | 20130008921
The applicant requests correction of WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his date of birth (DOB) as 3 April 1924 instead of 2 April 1924. The applicant states his original birth certificate shows his correct DOB. ABCMR Record of Proceedings (cont) AR20130008921 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130008921 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD...
ARMY | BCMR | CY2013 | 20130020262
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. 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. The Board determined that the evidence...
ARMY | BCMR | CY2006 | 20060013306
The applicant requests that his report of separation (WD AGO Form 53-55) be corrected to reflect two awards of the Purple Heart and his correct date of birth (DOB) as 29 March 1922. The applicant states that he received two awards of the Purple Heart and his WD AGO Form 53-55 only reflects one award and his DOB is 29 March 1922; however, his WD AGO Form 53-55 shows it as 29 March 1920. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial...
ARMY | BCMR | CY2014 | AR20140010749
The applicant's military service records are not available to the Board for review. The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by filing this ABCMR Record of Proceedings in his military service record to substantiate his date of birth is 1 December 1924, as shown on his WD...
ARMY | BCMR | CY2014 | 20140012094
The applicant requests correction of his military service records to show his correct date of birth (DOB). The applicant's military service records are not available to the Board for review. Upon induction into the U.S. Army in April 1943, the applicant reported that his DOB was "X October 1924" (i.e., that he was 18 years of age).
ARMY | BCMR | CY2005 | 20050002901C070206
The applicant requests that his records be corrected to show the correct date of birth (DOB), date of induction, date of departure and arrival for overseas duty, wounds received and award of the Purple Heart. In the absence of evidence to show that his date of induction, date of entry, and overseas duty departure date is not correct, there is no basis to grant relief in this case. Since the applicant's records show that he was inducted on 10 February 1943, his records correctly show 24...
ARMY | BCMR | CY2013 | 20130002189
The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show that his date of birth (DOB) is "11 March" instead of "3 March." 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...