IN THE CASE OF:  

		BOARD DATE:  16 DECEMBER 2016

		DOCKET NUMBER:  AR20160002343


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


2 Enclosures
1.  Board Determination/Recommendation
2.  Evidence and Consideration





		BOARD DATE:  16 DECEMBER 2016

		DOCKET NUMBER:  AR20160002343


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 on his WD AGO 
Form 53-55, (Enlisted Record and Report of Separation). 

2.  The applicant states his date of birth does not match what is on his birth 
certificate.  He did not think he needed to worry about it for Department of 
Veterans' Affairs benefits. 

3.  The applicant provides a general power of attorney, a copy of his birth 
certificate, and a copy of his WD AGO Form 53-55. 

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 his records were lost or 
destroyed in that fire.  However, there were sufficient documents available for the 
Board to conduct a fair and impartial review of this case.  This case is being 
considered using documents submitted by the applicant.

3.  The applicant's WD AGO 53-55 shows his date of induction into the Army of 
the United States as 19 October (missing year) and date of entry onto active 
service as 19 October 1944.  He was released from active duty on 23 November 
1946.  His date of birth is shown as .

4.  He provides a copy of his birth certificate which shows his birth date as 
24 July 1923.

REFERENCES:

War Department Technical Manual 12-236 (Preparation of Separation Forms), in 
effect at the time, prescribed the separation documents prepared for Soldiers 
upon discharge.  It stated, in effect, that the entire service record would serve as 
the basis for completing the WD AGO Form 53-55.  

DISCUSSION:

In view of the fact his service record is unavailable, there is no way to determine 
which date of birth he used during his period of service.  His date of birth appears 
as "" on the WD AGO 53-55 issued to him at the time of separation, 
and his birth certificate shows his birth date as "." 

2.  Common elements in the two dates are "," which raises the 
possibility of an error (i.e., transposition coupled with a possible typographical 
error), though this cannot be confirmed based on the available evidence.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160002343


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


ABCMR Record of Proceedings (cont)	AR20160002343


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2