IN THE CASE OF: BOARD DATE: 15 SEPTEMBER 2009 DOCKET NUMBER: AR20090006240 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 and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. 2. The applicant states that his correct DOB is 24 , not 24 . He further states that his date of induction and date of entry into active service should both be corrected to show 1943, not 1945. 3. The applicant provides a WD AGO Form 53-55; a U.S. Army Discharge Certificate, dated 8 January 1946; and a copy of a Birth Certificate from the South Carolina Department of Health and Environmental Control, Division of Vital Records, dated 23 June 1983. 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, this case is being considered using reconstructed records, which primarily consist of his WD AGO Form 53-55, a U.S. Army Discharge Certificate, and his Birth Certificate. 3. The applicant was born on 24 . He was separated on 8 January 1946. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 . Item 22 (Date of Induction) shows 29 May 1945 and Item 24 (Date of Entry into Active Service) shows 7 June 1945. Item 55 (Remarks) of the applicant's WD AGO Form 53-55 shows he served in the Enlisted Reserve Corps (ERC) for the period 29 May 1943 to his entry into active service in the Army of the United States (AUS) on 7 June 1943. 4. Item 43 (Longevity for Pay Purposes) of the applicant's WD AGO Form 53-55 reflects the years, months, and days from induction to discharge and shows “2 years, 7 months, 11 days.” 5. The applicant submitted a copy of his birth certificate that shows his DOB as 24 . DISCUSSION AND CONCLUSIONS: 1. The applicant's WD AGO Form 53-55 erroneously shows his DOB as 24  . The applicant's birth certificate confirms that the WD AGO Form 53-55 is incorrect, presumably due to a typographical error, and should be corrected to reflect his DOB as 24 . 2. The applicant's WD AGO Form 53-55 erroneously shows his date of induction into the AUS as 29 May 1945 and his date of entry on active duty as 7 June 1945. His WD AGO Form 53-55 also shows that he served in the ERC from 29 May 1943 to 7 June 1943 until he entered into the AUS. 3. Other items of the applicant’s WD AGO Form 53-55 confirm a 1943 induction date and active service entry date. Item 43 reflects the years, months, and days from induction to discharge. Item 43 of the applicant’s WD AGO Form 53-55 shows “2 years, 7 months, 11 days.” This is the precise amount of time from 29 May 1943 through 8 January 1946. 4. The applicant’s WD AGO Form 53-55 is in obvious error. Therefore, it should be corrected to reflect that in 1943, not 1945, he was inducted and entered active service. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 to show his date of birth in Item 10 as 24 , his date of induction in Item 22 as 29 May 1943, and his date of entry into active service in Item 24 as 7 June 1943. _______ _ __XXX_____ ___ 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) AR20090006240 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090006240 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1