IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000394 


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 the WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) of her father, a former service member (FSM), to show his date of birth as 27 April 1928 instead of 
5 November 1927.

2.  She states that the FSM's date of birth is 27 April 1928. 

3.  She provides her self-authored statement, driver’s license, and certification of birth and the FSM's:

* WD AGO Form 53-55
* Certified Certificate of Birth
* Medical Record Document
* State of North Carolina Driver's License

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 ABCMR for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed that his records were lost or destroyed in that fire.  This case is being considered using reconstructed records.

3.  Records available to the Board show the FSM was inducted into the Army of the United States and entered active duty on 12 January 1946.  He was honorably discharged from active duty on 31 March 1947 and credited with completing 1 year, 2 months, and 20 days of active duty service.

4.  All the documents containing a date of birth in the FSM's reconstructed records list his date of birth as "5 November 1927."  These documents include:

* Enlistment or Induction Record
* Report of Physical Examination and Induction
* WD AGO Form 20 (Soldier's Qualification Card)

5.  Item 10 (Date of Birth) of the FSM's WD AGO Form 53-55 shows his date of birth as 5 November 1927.  The FSM authenticated this document with his signature in item 56 (Signature of Person Being Separated).

6.  The applicant provides the FSM's State of North Carolina Certified Certificate of Birth and Driver's License and a medical record document that show his date of birth as 27 April 1928.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, establishes the standardized policy for preparing and distributing the DD Form 214.  It states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflective of the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  While it is understood that the applicant desires to have the FSM's WD AGO Form 53-55 corrected to show the date of birth that she now claims is his correct date of birth, the evidence shows the FSM was inducted into the Army using the date of birth that is shown on his WD AGO Form 53-55 and that date of birth appears to have been used throughout his period of military service.  Therefore, it would not be appropriate to change the FSM's record at this late date.

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.  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 the FSM's reconstructed record.  This should serve to clarify any questions or confusion in regard to the difference in the FSM's date of birth recorded in his military record and to satisfy the applicant's desire to have the date of birth listed on his certificate of birth documented in his reconstructed record.

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)                                         AR20150000394



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ABCMR Record of Proceedings (cont)                                         AR20150000394



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