IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140004121
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 53-98 (Military Record and Report of Separation Certificate of Service) to show his date of birth (DOB) as XX November 1921 vice XX March 1921.
2. The applicant states his DOB is wrong on his WD AGO Form 53-98.
3. The applicant provides his WD AGO Form 53-98, birth certificate, DD Form 215 (Correction to DD Form 214 - Certificate of Release or Discharge from Active Duty), driver's license, military identification (ID) card, passport, and power of attorney.
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. In conjunction with his appointment as a Reserve officer in the Army of the United States (AUS), the applicant completed a WD AGO Form 170 (Application for Appointment and Statement of Preferences for Reserve Officers) on 24 February 1943 wherein he listed his DOB as XX November 1921.
3. Having had prior enlisted service, he was appointed as a second lieutenant Infantry Corps Reserve officer in the AUS on 10 July 1943 and he entered active duty on that date.
4. His record contains numerous medical, personnel, and legal documents that all show his DOB as XX November 1921.
5. He was honorably released from active duty on 23 September 1947 and he was transferred to the U.S. Army Reserve.
6. The WD AGO Form 53-98 he was issued shows in:
* Item 10 (DOB) XX March 1921
7. His record contains a WD AGO Form 100 (Separation Qualification Record), dated 23 September 1947, wherein it shows his DOB as XX November 1921.
8. The applicant provides a State of South Carolina Birth Certificate, issued on 5 February 2014, wherein it shows his DOB as XX November 1921.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant listed his DOB as XX November 1921 upon his application for appointment in the AUS and this is the DOB he used throughout his service. It appears an administrative error occurred during the preparation of his WD AGO Form 53-98 and his DOB was entered with an incorrect month. Therefore, it would be appropriate to correct his WD AGO Form 53-98 to show his correct 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 amending his WD AGO Form 53-98 by deleting the DOB shown in item 10 and replacing it with the DOB as shown on his WD AGO Form 100.
_______ _ _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) AR20140004121
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140004121
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