IN THE CASE OF:
BOARD DATE: 12 March 2015
DOCKET NUMBER: AR20140012958
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 that his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) be corrected to show his month of birth as September.
2. The applicant states that his WD AGO Form 53-55 incorrectly reflects his month of birth as February instead of September.
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 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 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, the documents contained in a reconstructed record are sufficient to conduct a fair and impartial review of this case.
3. The applicant was inducted on 5 August 1942 and entered active duty in Santa Fe, New Mexico on 19 August 1942. He completed his training as an infantryman and departed for the European Theater of Operations (ETO) on
30 March 1944.
4. He participated in the Rome-Arno, Northern Appennines, and Po Valley campaigns and was wounded in Italy on 19 October 1944. He departed the ETO on 22 October 1945 and was transferred to Fort Bliss, Texas where he was honorably discharged on 11 November 1945. His WD AGO Form 53-55 shows his month of birth as February.
5. The delayed birth certificate provided by the applicant with his application shows his month of birth as September.
DISCUSSION AND CONCLUSIONS:
1. It appears that at the time the applicant was inducted his month of birth was recorded as February and he has not offered any explanation as to why he served under this date of birth (DOB). Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 understandable the applicant now desires to have the DOB listed on his birth certificate recorded in his military records there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.
3. The applicant is advised that a copy of this decisional document will be filed in his reconstructed record. This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded in his military record and the DOB 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) AR20140012958
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