IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140011885
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 22 June 19XX instead of 21 June 19XX.
2. The applicant states, in effect, his DOB is listed incorrectly on his WD AGO Form 53-55.
3. The applicant provides his 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 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 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he entered active duty on 9 November 1944 at Fort Bliss, TX. At the time of separation, he held military occupational specialty 821 (Quartermaster Supply Technician).
4. His WD AGO Form 24 (Service Record) covering the period 9 November 1944 through 21 November 1946 listed his DOB as 21 June 19XX.
5. His WD AGO Form 20 (Soldier Qualification Record) also listed his DOB as 21 June 19XX.
6. His available records contain a WD AGO Form 3-S (Allotment Discontinuance). This form shows his DOB as 21 June 19XX.
7. He was honorably separated in the rank of technician fourth class on 21 November 1946. Item 10 (DOB) of his WD AGO Form 53-55 shows he was born on 21 June 19XX.
8. He was issued an Honorable Discharge Certificate confirming he was honorably discharged from the Armed Forces of the United States on
22 December 1950. The back of this certificate listed his DOB as 21 June 19XX.
9. The applicant provides a birth certificate, issued on 3 September 2013, listing an individual with his name and a DOB as 22 June 19XX.
10. 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. The separation document is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's reconstructed record is void of his initial induction and/or enlistment document that shows the DOB he used upon entry into military service. It is unknown what DOB the applicant listed upon his entry on active duty. However, his reconstructed records contain multiple documents listing his DOB as 21 June 19XX. This DOB was consistently used during his military service. The DOB of 22 June 19XX was not used during his period of military service.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing his DOB in this case.
3. A copy of this decisional document along with his application will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding the different DOBs and adequately document the DOB that is listed on his birth certificate in his record.
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) AR20140011885
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140011885
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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 | 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 | CY2015 | 20150008082
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * two letters from the applicant's wife to the person who assisted him with this application * WD AGO Form 53-55 * WD AGO Form 100 (Separation Qualification Record) * birth certificate * news article reporting the applicant's capture * witness statement regarding capture dated 13 November 1944 * roster of all with the applicant's last name * two DA Forms 1577 (Authorization...
ARMY | BCMR | CY2014 | 20140009489
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. 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. In the absence of evidence to the contrary,...
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 | CY2008 | 20080010362
The applicant requests correction of his date of birth (DOB) on his WD AGO Form 53-55 (Enlisted Records and Report of Separation) from 21 February 1921 to 23 May 1922. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows his DOB as 21 February 1921. The evidence of record shows that the applicant used 21 February 1921 as his DOB throughout his military service.
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 | 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 | CY2011 | 20110020597
The applicants military record is not available to the Board for review. This case is being considered using reconstructed records maintained at the NPRC which includes the applicants WD AGO Form 53-55. There is no indication he questioned the DOB at any time during his military service or at the time he was separated from active duty and he did not provide any evidence to the contrary.
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...