IN THE CASE OF:	  

		BOARD DATE:   March 2012

		DOCKET NUMBER:  AR20110017854 


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, the daughter of a deceased former service member (FSM), 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  December .

2.  The applicant states the FSM was born on  December .

3.  The applicant provides:

* her birth certificate and marriage certificate
* FSM's death certificate
* FSM's State of Connecticut Department of Revenue Service Inheritance Tax Division Form S-2 (Succession Tax Return)
* FSM's WD AGO Form 53-55

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 52(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 FSM'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 the FSM'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.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 1 July 1942 and he entered active duty on  July 1942.  He served as a mess sergeant in the Mediterranean theater of operations from 25 December 1943 to 16 October 1945.  On 7 November 1945, he was honorably discharged.

4.  Item 10 (DOB) of his WD AGO Form 53-55 shows he was born on  December .

5.  The FSM died on 10 June 1992.  His death certificate shows his DOB as  December .

6.  The applicant provides the FSM's Succession Tax Return which also shows he was born on  December .

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the FSM was born on  December  and his death certificate shows he was born on this date. 

2.  The preponderance of evidence in this case shows the FSM was born on  December .  Therefore, it would be appropriate to correct item 10 of his WD AGO Form 53-55 to show his DOB as  December .

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 deleting the entry from item 10 of the FSM's WD AGO Form 53-55 and replacing it with the entry " December ."



      _______ _   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)                                         AR20110017854



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ABCMR Record of Proceedings (cont)                                         AR20110017854



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