IN THE CASE OF:
BOARD DATE: 30 June 2015
DOCKET NUMBER: AR20140020204
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 as 15 January 1930 instead of 14 September 1927.
2. The applicant states the incorrect date of birth was given at the time of his entry into military service.
3. The applicant provides:
* WD AGO Form 53-55
* Commonwealth of Pennsylvania Department of Health Vital Statistics Certification of Birth
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 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 the applicant's records were lost or destroyed in that fire. The case is being considered primarily using the WD AGO Form 53-55 and birth certificate provided by the applicant.
3. His WD AGO Form 53-55 shows:
* he was inducted into the Army of the United States and entered active duty on 30 October 1945
* he was assigned an Army service number
* his date of birth was shown as 14 September 1927
* he departed the United States en route to France on 26 May 1946
* he arrived in France on 2 June 1946
* he departed France en route to the United States on 27 August 1946
* he arrived in the United States on 6 September 1946
* his military occupational specialty was automobile mechanic
4. On 6 November 1946, the applicant was honorably discharged from active duty.
5. The applicant provided a certified copy of his birth certificate issued on 29 October 1970 that shows his date of birth as 15 January 1930.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant's records are not available for review. Based on the presumption of administrative regularity and in the absence of evidence to the contrary, it must be presumed that the date of birth entered on his WD AGO
Form 53-55 is the birth date he declared when he entered military service.
2. While it is understandable that he now desires to record the date of birth shown on his birth certificate on his WD AGO Form 53-55, there is not a sufficiently compelling reason for compromising the integrity of the Army's records. For historical purposes, 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. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.
3. The applicant is advised that a copy of this decisional document will be filed in his records. This should serve to clarify any questions or confusion regarding the difference in the date of birth recorded in his military records and the date of birth 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 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) AR20140020204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140020204
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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