IN THE CASE OF:
BOARD DATE: 7 October 2014
DOCKET NUMBER: AR20140003262
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 two separate WD AGO Forms 53-55 (Enlisted Record and Report of Separation Honorable Service) to show his date of birth (DOB) as 23 September 1926 vice 22 September 1926.
2. The applicant states the DOB on his separation document is incorrect.
3. The applicant provides copies of his
* Army Review Boards Agency letter, dated 24 December 2013
* WD AGO Form 53-55 for the period ending 30 April 1946
* WD AGO Form 53-55 for the period ending 9 April 1947
* birth 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 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. The applicant's records were damaged but are apparently complete and highly usable.
3. A WD AGO Form 53-55 shows he was inducted into the Army of the United States on 9 January 1945 and he was separated on 30 April 1946. His DOB is shown on this form as 22 September 1922.
4. He enlisted in the Regular Army on 1 May 1946 and he was separated from active duty on 9 May 1947. His DOB on his WD AGO Form 53-55 for this period of active duty is shown as 22 September 1922.
5. His record contains documents showing he used the DOB of 22 September 1926 upon induction and enlistment in the RA.
6. There are no available military records that show he used 23 September 1926 as his DOB during his active duty service.
7. He provides a birth certificate that shows his DOB as 23 September 1926.
8. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time, and Army Regulation 635-5 (Separation Documents) prescribe the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. These regulations establish standardized policy for preparation of the separation document. These publications state the separation document is a synopsis of the Soldier's most recent period of continuous active duty and provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant was inducted, enlisted, served, and was separated using 22 September 1926 as his DOB. There is no evidence he used 23 September 1926 as his DOB during his active duty service.
2. The Army has an interest in maintaining the accuracy of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing the applicant's DOB in this case.
3. A copy of this decisional document will be filed in his records to clarify any discrepancy between the DOB recorded in his official military personnel file and that shown on his birth certificate.
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) AR20120017646
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003262
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080010362
The applicant requests correction of his date of birth (DOB) on his WD AGO Form 53-55 (Enlisted Records and Report of Separation) from 21 February 1921 to 23 May 1922. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his DOB as 21 February 1921. The evidence of record shows that the applicant used 21 February 1921 as his DOB throughout his military service.
ARMY | BCMR | CY2012 | 20120010134
A review of his record shows all documents bearing a DOB show the date 3 March 1926. A review of the FSM's record shows his DOB was recorded as 3 March 1926 throughout his military service. The applicant is advised that a copy of this decisional document will be filed in the FSM's Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).
ARMY | BCMR | CY2006 | 20060014157
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 April 2007 DOCKET NUMBER: AR20060014157 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant has failed to provide an official statement as to why his date of birth was entered as 29 June 1926 rather than 29 January 1926 on his WD AGO Form 53-55. In order to justify correction of a military...
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 | 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 | 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 | 20140003757
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. However, at the time of his discharge, his DOB was recorded on his WD AGO Form 53-55 as X September 1927.
ARMY | BCMR | CY2011 | 20110019510
The applicant provides a copy of a Durable Power of Attorney, dated 5 February 1999; Incapacitation Statement, dated 13 September 2010; the FSM's birth certificate; and his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge). The FSM's available military service records do not contain a copy of his enlistment document. Records show the FSM's DOB was recorded in his official military service records as 2 July 1922.
ARMY | BCMR | CY2010 | 20100013413
The applicant requests correction of item 10 (Date of Birth [DOB]) of his WD AGO Form 53-53 (Enlisted Record and Report of Separation - Honorable Discharge) to show his DOB as 6 August 1921 instead of 6 August 1922. The applicants military records are not available to the Board for review. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which confirms his correct DOB, will be filed in his reconstructed record.
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...