BOARD DATE: 9 September 2014
DOCKET NUMBER: AR20140001591
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 DD Form 214 (Report of Separation from the Armed Forces of the United States), dated 15 August 1952, to show 1 December 1929 as his date of birth (DOB).
2. The applicant states:
* He was under age but he wanted to service his country
* He "fixed" his birth certificate to show his DOB as 22 August 1927
* When he was serving in the Army National Guard during the Korean War he used his correct DOB
3. The applicant provides:
* Letter from the Veterans Service Commission, dated 16 January 2014
* WD AGO Form 53-55 (Enlisted Record and Report of Separation), dated 2 February 1947
* WD AGO Form 100 (Separation Qualification Record), dated 2 February 1947
* DD Form 214, dated 15 August 1952
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service in the Army National Guard of the United States), dated 26 April 1957
* Notification 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 applicants military records are not available for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the applicants records were lost or destroyed in that fire. However, the applicant has provided sufficient documents to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 13 September 1945 and he completed training as a baker. He was honorably discharged on 2 February 1947 for the convenience of the government. His WD AGO Form 53-55 and his WD AGO Form 100 show 22 August 1927 as his DOB.
4. He enlisted in the Tennessee Army National Guard (TNARNG) on 19 July 1950 and he was called to active duty on 1 September 1950. He was released from active duty (REFRAD) on 15 August 1952. Item 10 (DOB) of his DD Form 214 shows 22 August 1927 as his DOB.
5. The applicant reenlisted in the TNARNG on 27 April 1954. He was honorably discharged on 26 April 1957 at the expiration of his term of service. His NGB Form 22 shows 1 December 1929 as his DOB.
6. The applicant provides a Notification of Birth Registration that shows 1 December 1929 as his DOB.
7. Army Regulation 635-5 (Separation Documents), then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established standardized policy for the preparation of the DD Form 214. The regulation stated that the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of REFRAD, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. Although his WD AGO Form 53-55, his WD AGO Form 100, and his DD Form 214 show 22 August 1927 as his DOB, his NGB Form 22 shows 1 December 1929 as his DOB.
3. The DOB listed on the applicant's Notification of Birth Registration is the same DOB listed on his NGB Form 22. Therefore, his WD AGO Form 53-55 and his DD Form 214 should be amended to show 1 December 1929 as his DOB.
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 deleting from item 10 of his WD AGO Form 53-55 and his DD Form 214 the current entry and adding the DOB shown on his NGB Form 22.
_______ _ 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) AR20140001591
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140001591
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090003717
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation) to show his correct date of birth (DOB). The applicants military records are not available to the Board for review. The applicants WD AGO Form 100, dated 30 January 1947, shows his DOB as 18 May 1927.
ARMY | BCMR | CY2008 | 20080010667
The applicant also requests that both his DD Forms 214 be corrected to show his correct date of birth (DOB), service number (SN), military training, and combat wound from Korea. The applicant was issued a WD AGO Form 38, Report of Physical Examination of Enlisted Personnel Prior to Discharge, Release from Active Duty or Retirement, in which his SN is listed as 43 *** ***. While the applicant has documentation to show that he has shrapnel wounds to his calf, there is no evidence to show...
ARMY | BCMR | CY2011 | 20110020597
The applicants military record is not available to the Board for review. This case is being considered using reconstructed records maintained at the NPRC which includes the applicants WD AGO Form 53-55. There is no indication he questioned the DOB at any time during his military service or at the time he was separated from active duty and he did not provide any evidence to the contrary.
ARMY | BCMR | CY2002 | 2002069370C070402
The applicant states, in effect, that the date of 22 October 1927 listed in Item 10 (Date Of Birth ) of his WD AGO Form 53-55 is incorrect. Item 10 (Date of Birth ) of his WD AGO Form 53-55 contains the entry 22 October 1927. The Board finds the certificate of birth provided by the applicant provides sufficient evidence to confirm his correct DOB is 27 October 1927 and not 22 October 1927, as is indicated in Item 10 of his WD AGO Form 53-55.
ARMY | BCMR | CY2014 | 20140015841
The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 30 September 1966, as follows: * Item 6 (Date of Birth (DOB), from 6 June 1927 to 6 May 1927 * Item 7a (Race) from NA to American Indian * Item 15 (Selective Service Local Board Number, City, County, and State) from NA to Board Number 3 * Item 16 (Date Inducted), from blank to actual date of induction * Item 24b (Total Active Service) from 20 years, 6 months,...
ARMY | BCMR | CY2013 | 20130007007
The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show his separation date as 30 April 1947 and his date of birth (DOB) as 31 October 1927. The applicant's military records are not available for review. ABCMR Record of Proceedings (cont) AR20130007007 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130007007 2 ARMY BOARD FOR CORRECTION OF MILITARY...
ARMY | BCMR | CY2009 | 20090006820
The available evidence shows that the applicant was inducted into the Army of the United States on 15 May 1945. This Board action will be filed in his military records so a record of his date of birth that he states is accurate is made a matter of official U.S Army records. 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.
ARMY | BCMR | CY2002 | 2002072974C070403
The applicant states, in effect, that his year of birth is 1927 and that the year of birth recorded in his separation document, 1922, is erroneous. The applicant’s military records show that he was inducted into the Army of the United States and entered active duty on 23 May 1945. The WD AGO Form 53-55 issued to the applicant on the date of his separation from active duty lists his year of birth as 1922 in Item 10 (Date of Birth).
ARMY | BCMR | CY2009 | 20090004358
Application for correction of military records (with supporting documents provided, if any). The applicant requests an upgrade of his general discharge to an honorable discharge and correction of his records to show his date of birth (DOB) as 23 November 1929 instead of 23 November 1927. The applicant provides a copy of his WD AGO Form 53-58 (Enlisted Record and Report of Separation-General Discharge) and General Discharge Certificate, dated 12 July 1949; a copy of his picture; a copy of a...
ARMY | BCMR | CY2005 | 20050017789C070206
William Crain | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that item 10 (Date of Birth) on his initial WD AGO Form 53-55 (Enlisted Record and Report of Separation) be corrected to show 12 June 1929 instead of 12 June 1926. A DD Form 215 (Correction to DD Form 214), dated 3 September 1968, amended the applicant’s DD Form 214 for the period ending 8 October 1959 to show the Army of Occupation Medal...