IN THE CASE OF:
BOARD DATE: 18 December 2014
DOCKET NUMBER: AR20140008439
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, in effect, correction of item 11 (Place of Birth) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show "Detroit, IL" instead of "Detroit, MI."
2. The applicant states his daughter was reviewing his separation document and discovered the error.
3. The applicant provides copies of his WD AGO Form 53-55 and 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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.
2. The applicant's complete military records are not available to the Board for review. A fire destroyed approximately 16 million service members records at the National Personnel Records Center in 1973. It is believed his records were destroyed in that fire. However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 February 1943. He was honorably separated on 22 December 1945. His WD AGO Form 53-55 lists in:
* Item 9 (Permanent Address for Mailing Purposes) Pittsfield, IL, Pike County, IL
* Item 11 - Detroit, MI
* Item 25 (Place of Entry into Service) Peoria, IL
* Item 26 (County and State) Pike County, IL
4. He provided as copy of a State of Illinois birth certificate, issued on 23 November 2011, which identified an individual with the same name of record as the applicant was born in Pike County, Detroit, IL.
5. Data on the United States shows Detroit, IL, is a village in Pike County, Illinois, United States.
6. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time of the applicant's separation, provided the procedures to be followed in the separation of enlisted personnel from active service and described the proper method of execution and disposition of the various forms, records, and reports required. In pertinent part, this manual stipulated that the WD AGO Form 53-55 was to be completed based upon interviewing the Soldier and referring to all available records regarding the period of service to be covered by the forms. It established standardized policy for the preparation of the WD AGO Form 53-55. It stated that the place of birth of the separating Soldier would be entered on the form.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his WD AGO Form 53-55 should be corrected to change his place of birth from Detroit, MI to Detroit, IL was carefully considered.
2. Notwithstanding the absence of his service record, his WD AGO Form 53-55 shows his permanent mailing address as "Pike County, IL," he entered into
the service in "Peoria, IL," and his country and state was listed as "Pike County, IL." Based on the foregoing and the fact that Detroit, IL is in the county of Pike, it is not unreasonable to presume a typographical error was made when preparing his WD AGO Form 53-55.
3. Therefore, his birth certificate is accepted as sufficient evidence to warrant a correction of his WD AGO Form 53-55 to show his place of birth as "Detroit, IL."
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 11 of his WD AGO Form 53-55 the entry, "Detroit, MI" and replacing it with the entry, "Detroit, IL."
__________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) AR20140008439
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ABCMR Record of Proceedings (cont) AR20140008439
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