IN THE CASE OF:	  

		BOARD DATE:	  1 April 2012

		DOCKET NUMBER:  AR20110020355 


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 the correct year of his date of birth (DOB).  

2.  He states his DOB is entered incorrectly on his discharge document.  

3.  He provides his WD AGO Form 53-55 with Honorable Discharge Certificate and his birth certificate.  

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 to the Board for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 193.  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.  His WD AGO Form 53-55 shows he was inducted into the Army of the United States on 16 December 1942 and he entered active service on 23 December 1942.

4.  He was honorably discharged on 24 October .  Item 10 (DOB) of his WD AGO Form 53-55 shows his DOB as  October .

5.  He provided a copy of his birth certificate which shows his DOB as  October .

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his DOB is incorrect on his discharge document is acknowledged and supported by the evidence of record.  

2.  His birth certificate shows his DOB as  October .  However, his WD AGO Form 53-55 reflects his DOB as  October .  It appears that administrative error occurred when his DOB was recorded on his WD AGO Form 53-55.  

3.  Therefore, it would be appropriate to correct his DOB on his WD AGO Form 53-55 to show his correct DOB as  October .

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 item 10 of his WD AGO Form 53-55 to show the DOB as indicated 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)                                         AR20110020355





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ABCMR Record of Proceedings (cont)                                         AR20110020355



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