BOARD DATE:	  8 December 2011

		DOCKET NUMBER:  AR20110010993 


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 date of birth (DOB) recorded on his discharge document.

2.  The applicant states his DOB is 4 xxx , but his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) shows 4 xxx .

3.  The applicant provides copies of his WD AGO Form 53-55 and a birth certificate showing his DOB as 4 xxx .

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 complete military records are not available for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973.  His records were seriously damaged in that fire.  However, there were sufficient documents available to conduct a fair and impartial review of this case.

3.  The FSM was inducted into the Army of the United States on 27 January  and served in the Pacific theater.  He was honorably discharged on 2 February 1946.

4.  His WD AGO Form 53-55 shows his DOB as 4 xxx .

DISCUSSION AND CONCLUSIONS:

The DOB shown on his discharge document of 4 xxx , approximately 6 months after he was inducted, is an obvious typographical error and should be corrected to match his birth certificate.

BOARD VOTE:

_____x___  _____x__  _____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 the date of birth shown on his WD AGO FORM 53-33 to read the date of birth as shown on his birth certificate.



      __________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)                                         AR20110010993



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ABCMR Record of Proceedings (cont)                                         AR20110010993



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