BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140003757
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 service records to show his correct date of birth (DOB).
2. The applicant states that he had to have his birth certificate amended for the Social Security Administration because his DOB is X September 1926, not
X September 1927.
3. The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) and 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 military service 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, his WD AGO Form 53-55 offers sufficient evidence for the Board to conduct a fair and impartial review of this case.
3. A partially-burned Soldier's Qualification Card shows the birthplace of both his father and mother as Caswell County, NC.
4. In support of his application the applicant provides the following documents:
a. His WD AGO Form 53-55 that shows he was inducted and entered active duty on 25 May 1945. He was honorably discharged on 5 November 1946 for the convenience of the government (demobilization). He completed 1 year,
5 months, and 10 days of total service for pay purposes. It also shows in item 10 (DOB): "X SEP 27."
b. A State of North Carolina, Caswell County, Office of Register of Deeds, Standard Certificate of Birth, that shows the applicant was born on "September X, 1926." It also shows the birthplace of both his father and mother as Caswell County, NC. It further shows the certificate was originally filed on 5 October 1926 (emphasis added) and amended on 13 May 2013.
5. War Department Technical Manual 12-235 (Enlisted Personnel - Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty. The instructions for completing the WD AGO Form 53-55 state that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.
DISCUSSION AND CONCLUSIONS:
1. The DOB that was initially recorded in the applicant's military service records cannot be determined from the available military service records. However, at the time of his discharge, his DOB was recorded on his WD AGO Form 53-55 as X September 1927.
2. The evidence provided by him shows the applicant's DOB is X September 1926. It appears his DOB was incorrectly recorded on his WD AGO Form 53-55 due to an administrative error. Therefore, based on the available evidence, it would be appropriate at this time to correct the applicant's records, as recommended below.
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 the current entry and replacing it with the DOB entry as shown on his Standard Certificate of Birth.
________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) AR20140003757
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ABCMR Record of Proceedings (cont) AR20140003757
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