IN THE CASE OF:
BOARD DATE: 19 February 2015
DOCKET NUMBER: AR20140011976
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 year of birth as 1926.
2. The applicant states his year of birth is incorrectly shown on his WD AGO Form 53-55 as 1925. He states he gave the wrong year of his birth so he could enter the military and serve his county.
3. The applicant provides copies of:
* WD AGO Form 53-55
* State of West Virginia Certificate of Birth issued 20 November 1986
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 records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, a reconstructed file contains sufficient documents to conduct a fair and impartial review of this specific request.
3. A review of the applicant's WD AGO Form 53-55 item 10 (Date of Birth) shows the year of his birth as 1925.
4. The State of West Virginia birth certificate provided by the applicant shows his year of birth as 1926.
5. Records show that the applicant referred to his year of birth as 1925 on four separate requests pertaining to military records made between March 1986 and 16 January 2001. On 28 July 2003, he made a similar request but referred to his year of birth as 1926.
6. The WD AGO Form 53-55 required the Soldier's date of birth to be entered in item 10 (Date of Birth).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his WD AGO Form 53-55 should be corrected to show his year of birth as indicated on his birth certificate.
2. The applicant's reconstructed military service records contain documents indicating that the applicant may not have realized until 2003 that he was using an incorrect year of birth.
3. The available records are insufficient to determine what year of birth the applicant provided at the time of his entry into the military service. The applicant has not provided any documentation showing that his date of birth was incorrectly recorded at the time of his entry into military service. In fact, he stated he provided the wrong year of birth on his application so he could enter military service.
4. The Army has an interest in maintaining the accuracy 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.
5. The applicant is advised that a copy of this decisional document will be filed in his Official Military Personnel File. This should serve to clarify any questions or confusion in regard to the date of birth he used while on active duty and the date he now contends to be correct. This action should satisfy the applicant's desire to have his correct date of birth in his record.
6. In view of the above, the applicants request should be denied.
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) AR20130008294
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ABCMR Record of Proceedings (cont) AR20140011976
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