IN THE CASE OF:
BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140003743
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 military record to show his correct date of birth (DOB).
2. The applicant states both of his discharge documents should be corrected to show his correct DOB as listed on his Certificate of Baptism.
3. The applicant provides copies of the following:
* Certificate Baptism
* WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge)
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 applicants 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 applicants 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 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. This applicant's WD AGO Form 53-55 is the primary document used in this case.
3. The applicant's WD AGO Form 53-55 shows he enlisted in the Regular Army on 29 May 1946 and served until he was honorably discharged on 12 December 1946. Item 10 (DOB) of his WD AGO Form 53-55 shows the entry "25 Jan 25."
4. The Certificate of Baptism provided by the applicant, issued on 5 June 2012, shows his DOB as 15 January 1923.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his record should be corrected to show his correct DOB as 15 January 1923, which is the date that is reflected on his Certificate of Baptism.
2. The available evidence of record shows he served exclusively using the DOB of "25 January 1925."
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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his correct DOB in his reconstructed Army Official Military Personnel File (OMPF), there is not a sufficiently compelling reason for compromising the integrity of the Armys records.
4. The applicant is advised that a copy of this decisional document will be filed in his OMPF. This should serve to clarify any questions or confusion in regard to the difference in the DOB in his military record and to satisfy his desire to have his correct DOB documented in those records.
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) AR20140003743
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003743
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080016502
Application for correction of military records (with supporting documents provided, if any). She goes on to state that at the time she served her birth certificate reflected her DOB as 25 October 1923; however, she has subsequently had her birth certificate corrected to reflect the correct DOB of 25 September 1923. The applicants 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 | CY2014 | 20140008182
Application for correction of military records (with supporting documents provided, if any). The applicant requests that the records of his father, a former service member (FSM), be corrected to show his date of birth (DOB) as 17 February instead of 17 September. The FSM's military records are not available for review.
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 | CY2015 | 20150001566
IN THE CASE OF: BOARD DATE: 10 September 2015 DOCKET NUMBER: AR20150001566 THE BOARD CONSIDERED THE FOLLOWING 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 September 1923 vice 1924. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if...
ARMY | BCMR | CY2013 | 20130001500
The applicant provides copies of: * WD AGO Form 53-55 (Enlisted Record and Report of Separation honorable Discharge) and a Certificate of Birth CONSIDERATION OF EVIDENCE: 1. The applicant's military records are not available to the Board for review. Absent any other official evidence from the applicant's military record to corroborate his claim that the DOB listed on his WD AGO Form 53-55 contains an error, there is an insufficient evidentiary basis upon which to grant the requested relief.
ARMY | BCMR | CY2008 | 20080005775
Application for correction of military records (with supporting documents provided, if any). The evidence also shows that the DOB entered on the applicant's discharge document is the date the applicant reported to Army officials as his DOB. The only available evidence for review is the documentation submitted by the applicant.
ARMY | BCMR | CY2011 | 20110010993
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of the date of birth (DOB) recorded on his discharge document. The applicant's complete military records are not available for review.
ARMY | BCMR | CY2008 | 20080003629
The applicant's military records are not available to the Board for review. As a result, the Board recommends that all Department of the Army records of the individual concerned by corrected by providing an appropriate document to correct the applicants date of birth currently reflected on his WD AGO Form 100 to read 20 February 1923. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.
ARMY | BCMR | CY2005 | 20050002381C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. DISCUSSION AND CONCLUSIONS: The applicant provides sufficient evidence to show the FSM was born on 21 December 1923.