IN THE CASE OF:
BOARD DATE: 15 January 2015
DOCKET NUMBER: AR20140009489
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 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his date of birth (DOB) as 4 January 19XX vice 14 January 19XX.
2. The applicant states his DOB is listed incorrectly on his WD AGO Form 53-55.
3. The applicant provides his WD AGO-53-55, Honorable Discharge Certificate, and a 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 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. It is believed the applicant's records were lost or destroyed in that fire. However, his reconstructed record contains, and he provides, his WD AGO 53-55 which is sufficient for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows was inducted into the Army of the United States (AUS) on 14 January 1943 and he entered active duty on 21 January 1943.
4. He was honorably discharged on 30 November 1945 at Fort Dix, NJ. Item 10 (DOB) of the WD AGO 53-55 he was issued contains the entry 14 January 19XX.
DISCUSSION AND CONCLUSIONS:
1. The applicant's WD AGO Form 53-55 shows his DOB as when this form was prepared. In the absence of evidence to the contrary, it is presumed what the Army did in his case was correct and his DOB was listed as the DOB he used when he was inducted into the AUS.
2. For historical purposes, the Army has an interest in maintaining the integrity 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 understood that the applicant desires to have the DOB shown on his birth certificate documented in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date. Therefore, there is an insufficient evidentiary basis for granting his request.
3. A copy of this decisional document will be filed in the applicants military records to clarify the discrepancy between the DOB shown in his records 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) AR20140009489
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140009489
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009190
The applicant requests correction of item 10 (Date of Birth (DOB)) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to list his DOB as 7 April 19XX vice 17 April 19XX. 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. A Power of Attorney, dated 6...
ARMY | BCMR | CY2011 | 20110015532
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 11 August 19XX. He provides his National Archives and Records Administration (NA) Form 13038 (Certification of Military Service), a cover letter from the National Personnel Records Center, his WD AGO Form 100 (Army of the United States Separation Qualification Record), his driver's license, and a birth certificate. The applicant's...
ARMY | BCMR | CY2012 | 20120007047
The applicant requests correction of his military records to show his date of birth (DOB) as 6 November 19XX and to remove the suffix "Jr." from his name. The birth certificate clearly shows applicant's DOB as 6 November, not 7 November, and it is reasonable to presume the WD AGO Form 53-55 entry is a typographical error. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's WD AGO Form 53-55: a. to...
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 | CY2010 | 20100020646
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to show: * his branch of service * his correct date of birth (DOB) * the correct spelling of his last name 2. The evidence clearly shows a clerical error in the recording of his DOB on his WD AGO Form 53-55.
ARMY | BCMR | CY2013 | 20130013135
IN THE CASE OF: BOARD DATE: 25 March 2014 DOCKET NUMBER: AR20130013135 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 as 14 April 1928 vice 14 April 1926. The applicant's military records are not available to the Board for review.
ARMY | BCMR | CY2013 | 20130008442
The applicant provides: * WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Service) * DD Form 214 * Birth Record * Certificate of Baptism CONSIDERATION OF EVIDENCE: 1. 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. The applicants military records are not...
ARMY | BCMR | CY2014 | 20140011885
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 22 June 19XX instead of 21 June 19XX. The applicant's complete military records are not available to the Board for review. Army Regulation 635-5 (Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.
ARMY | BCMR | CY2013 | 20130009059
IN THE CASE OF: BOARD DATE: 23 January 2014 DOCKET NUMBER: AR20130009059 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests correction of item 10 (Date of Birth (DOB)) of his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) to show his DOB as X June 1925 vice X January 1925. 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...
ARMY | BCMR | CY2014 | 20140012094
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. Upon induction into the U.S. Army in April 1943, the applicant reported that his DOB was "X October 1924" (i.e., that he was 18 years of age).