BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001606 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ____x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001606 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. BOARD DATE: 5 September 2017 DOCKET NUMBER: AR20160001606 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 XX Xxxxxxx instead of XX Xxxxxxx . 2. The applicant states there was an oversight in the verification of the information typed on the discharge document. 3. The applicant provides his WD AGO Form 53-55 and Certificate 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 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, 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 was inducted into the Army of the United States on 29 March 1944 and was honorably discharged on 2 June 1946. 4. His WD AGO Form 53-55 shows his DOB as XX Xxxxxxx . It further shows the applicant's signature in item 56 (Signature of Person Being Separated) 5. He provided his Certificate of Birth, which shows his DOB as XX Xxxxxxx . REFERENCES: Department of the Army Technical Manual TM 12-236 (Preparation of Separation Forms) established the policies and procedures for completion and distribution of the WD AGO Form 53-55 during World War II. DISCUSSION: 1. The applicant's birth certificate shows his DOB as XX Xxxxxxx . However, the DOB entered on his WD AGO Form 53-55 shows his DOB as XX Xxxxxxx . Unfortunately, without additional military records listing his DOB, such as his enlistment contract or DA Form 24 (Service Record), it is impossible to tell which DOB he used during his military service. 2. 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 of records creation. In the absence of a showing of material error or injustice, there is a reluctance to recommend a change to those records. While it is understandable that he now desires to record a different DOB in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date. 3. A copy of this decisional document will be filed in the applicant's Official Military Personnel File (OMPF). This should serve to clarify any questions or justify any confusion regarding the difference in the DOB recorded in his military record and to satisfy his desire to have the correct DOB documented in his OMPF. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001606 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001606 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2