IN THE CASE OF:
BOARD DATE: 9 April 2015
DOCKET NUMBER: AR20140014340
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, the son of a deceased former service member (FSM), requests correction of his father's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) to reflect his date of birth (DOB) as 13 August 1916.
2. The applicant states the FSM's induction form and death certificate both list 13 August 1916 as his DOB.
3. The applicant provides:
* cover letter from counsel, dated 5 August 2014
* letter from the National Personnel Records Center (NPRC), dated 25 June 2014
* FSM's WD AGO Form 53-55
* excerpt from the U.S. Social Security Death Index
* FSM's Report of Physical Examination and Induction
* FSM's death certificate
* durable power of attorney
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 FSM's military records are not available to the Board for review. A fire destroyed approximately 18 million service members' records at the NPRC in 1973. It is believed that his records were lost or destroyed in that fire. However, there were sufficient documents available for the Board to conduct a fair and impartial review of this case. This case is being considered using the aforementioned documents submitted by the applicant.
3. The FSM's WD AGO Form 53-55 shows he was inducted into the Army of the United States on 6 January 1944 and entered active duty on 27 January 1944. He was honorably discharged on 30 April 1946. His DOB is shown as 16 October 1916.
4. The applicant provided a copy of the FSM's Report of Physical Examination and Induction which showing his DOB as 13 August 1916. The U.S. Social Security Death Index likewise shows his DOB as 13 August 1916.
5. Technical Manual 12-235 (Discharge Procedures and Preparation of Separation Forms), in effect at the time, established the policies and procedures for preparation of separation forms. It stated to enter the Soldier's DOB in item 10 (DOB) of the WD AGO Form 53-55.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the FSM's WD AGO Form 53-55 should be corrected to show his DOB as 13 August 1916 was carefully considered.
2. The FSM's DOB appears as 16 October 1916 on his WD AGO Form 53-55 issued at the time of separation; however, his Report of Physical Examination and Induction shows his DOB as 13 August 1916 as does the U.S. Social Security Death Index. It is reasonable to conclude that a typographical error was made when preparing his WD AGO Form 53-55.
3. Therefore, the FSM's WD AGO Form 53-55 should be corrected to show his DOB as 13 August 1916.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show his DOB as 13 August 1916 as shown on his Report of Physical Examination and Induction.
_______________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) AR20140014340
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ABCMR Record of Proceedings (cont) AR20140014340
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