IN THE CASE OF:
BOARD DATE: 10 September 2015
DOCKET NUMBER: AR20150001566
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 (DOB) as 7 September 1923 vice 1924.
2. The applicant states, in effect, his DOB is listed incorrectly on his WD AGO Form 53-55.
3. The applicant provides his birth certificate and WD AGO Form 53-55.
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 applicants 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 applicants 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 that his records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant's WD AGO Form 53-55 shows he entered active duty on 1 April 1944 at Camp Shelby, MS. At the time of separation, he held military occupational specialty 745 (Rifleman).
4. He was honorably separated on 31 March 1946. Item 10 (DOB) of his WD AGO Form 53-55 shows he was born on 7 September 1924.
5. The applicant provides a birth certificate listing an individual with his same name and a DOB as 7 September 1923.
6. Army Regulation 635-8 (Separation Documents), currently in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. The separation document is a synopsis of the Soldiers most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's reconstructed record is void of his initial induction and/or enlistment document that shows the DOB he used upon entry into military service. It is unknown what DOB the applicant listed upon his entry on active duty. However, his reconstructed records contain a WD AGO Form 53-55 listing his year of birth as 1924.
2. The Army has an interest in maintaining the integrity of its records for historical purposes. The information in those records must reflect the conditions and circumstances that existed at the time the records were created. In the absence of compelling information to the contrary, there is no basis for changing his DOB in this case.
3. A copy of this decisional document along with his application will be filed in his official military personnel file. This should serve to clarify any questions or confusion regarding the different DOBs and adequately document the DOB that is listed on his birth certificate in his 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) AR20150001566
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ABCMR Record of Proceedings (cont) AR20150001566
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