IN THE CASE OF:  	  

		BOARD DATE:  26 February 2015	  

		DOCKET NUMBER:  AR20140012094 


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 military service records to show his correct date of birth (DOB).

2.  The applicant states that his DOB is X October 1925, not X October 1924.

3.  The applicant provides copies of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) and Maryland Identification (ID) Card.

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 service records are not available to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  However, there are sufficient records in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  A Department of Selective Service Form 221 (Report of Physical Examination and Induction), completed during the applicant's induction processing, shows in item 16 (Birth Date) the entry "October X, 1924."  It also shows in item 37 (Signature of Registrant) that the applicant signed the document, on 17 April 1943, verifying the information.

4.  A WD AGO Form 53-55 shows the applicant was inducted on 17 April 1943, he entered active duty on 24 April 1943, and he was honorably discharged on
18 December 1945 for the convenience of the government (demobilization).  He completed 2 years, 7 months, and 19 days of total service for pay purposes.  It also shows in item 10 (DOB):  "X OCT 24."

5.  In support of his application the applicant provides a copy of a Maryland ID card, issued on 27 June 2014, that shows his DOB as "X October 1925."

6.  War Department Technical Manual 12-235 (Enlisted Personnel – Discharge and Release from Active Duty), dated January 1945, provides uniform procedures for discharging or releasing personnel from active duty.  The instructions for completing the WD AGO Form 53-55 state that the form is completed from the Service Record, Soldier's Qualification Card, Immunization Register, and information ascertained by interview with the dischargee.

DISCUSSION AND CONCLUSIONS:

1.  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).  As such, the applicant was subject to the draft as his age allowed for his entrance into military service without parental consent.  It is noted that the DOB the applicant now requests (i.e., X October 1925) would mean that the applicant was actually under the age of 18 at the time he was inducted into military service, thereby requiring parental consent.

2.  The applicant's WD AGO Form 53-55 shows the DOB that he claimed at the time he entered military service.

3.  Considering all the evidence and information presented by the applicant, together with the evidence of record, applicable law, and regulations, the document provided by the applicant is insufficient evidence to warrant a change of the DOB in his official records.

4.  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 at the time, there is a reluctance to recommend that those records be changed.  While it is understandable the applicant desires to now record in his military records the DOB that he now claims as his correct DOB, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.  

5.  The applicant is advised that a copy of this decisional document will be filed in his military service records.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military service records and to satisfy his desire to have the DOB shown on his Maryland ID in his military service records.

6.  In view of the foregoing, there is no basis for granting the requested relief.

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)                                         AR20140012094



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ABCMR Record of Proceedings (cont)                                         AR20140012094



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