RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2007
	DOCKET NUMBER:  AR20060014742 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


x
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his Induction Record to show his date of birth (DOB) as 6 September 1925.

2.  The applicant states that his DOB is incorrect.

3.  The applicant provides a copy of his birth certificate and driver’s license.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred in January 1946.  The application submitted in this case is dated 19 October 2006.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitations if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s 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 the applicant’s records were lost or destroyed in that fire.  However, the applicant has provided sufficient documents for the Board to conduct a fair and impartial review of this case.  

4.  The applicant was inducted into the Army on 14 May 1943 and was discharged sometime in January 1946.  His WD AGO Form 53-55 (Enlisted Record and Report of Separation) is not available.  

5.  His Induction Record shows his DOB as 1 January 1925.

6.  The applicant’s provided a copy of his Delaware driver’s license which shows his DOB as 6 September 1925.  

7.  The applicant provided a copy of his birth certificate from the Williamsburg County Health Department, Bureau of Kingstree, Vital Statistics, South Carolina. This document also shows his DOB as 6 September 1925.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s birth certificate and his driver’s license show his DOB as 6 September 1925.  However, his Induction Record erroneously reflects his DOB as 1 January 1925.

2.  Therefore, it would be appropriate to amend the applicant’s Induction Record to show his DOB as 6 September 1925.

3.  Records show the applicant should have discovered the error or injustice now under consideration on the date of his separation from active duty.  The ABCMR was not established until 2 January 1947.  Therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 January 1950.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

x_____  x_____ x_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that the Induction Record of the individual concerned be corrected by showing his DOB as 6 September 1925.




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          CHAIRPERSON




INDEX

CASE ID
AR20060014742
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070501
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
100.0000
2.

3.

4.

5.

6.