IN THE CASE OF:  

		BOARD DATE:  30 November 2017

		DOCKET NUMBER:  AR20160006901


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

												
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.



		IN THE CASE OF:  

		BOARD DATE:  30 November 2017

		DOCKET NUMBER:  AR20160006901


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:mwm	:dt	:mra	DENY APPLICATION


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



		IN THE CASE OF:  

		BOARD DATE:  30 November 2017

		DOCKET NUMBER:  AR20160006901


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 his date of birth (DOB) as  19XX instead of  19XX.

2.  The applicant states he was under age and used his brother's DOB to enter the Army.  The Department of Veteran’s Affairs is requesting the correction.

3.  The applicant provides a copy of his Certificate of Birth from the State of Tennessee and 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 DD Form 214 of limitations for timely filing.

2.  The applicant's military personnel service 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, the applicant provides a 
WD AGO Form 53-55 that shows he enlisted in the Regular Army 10 August 1940.  Item 10 (DOB) contains the entry  19XX and a Certificate of Birth that shows his DOB as  19XX. 

REFERENCES:

Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214.  The regulation directed that the purpose of the separation document was to provide the individual with documentary evidence of his or her military service at the time of release from active service, retirement, or discharge.  It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation.

DISCUSSION:

1.  Although the applicant provides a Certificate of Birth showing a different DOB than that shown on his WD AGO Form 53-55, he also admits that he used his brother's DOB to enter the Army underage.  In the absence of evidence showing otherwise, it is presumed he did not confess to having used his brother's DOB, and used that same DOB throughout his service.  

2.  For historical purposes, the Army has an interest in maintaining the integrity of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed.  

3.  The applicant is advised that a copy of this decisional document will be filed in his reconstructed record.  This should serve to clarify any questions or confusion in regard to the difference in the DOB recorded on his WD AGO Form 53-55 and the DOB listed on his Certificate of Birth and to satisfy his desire to have the DOB listed on his Certificate of Birth documented in his military record.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	AR20160006901



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



ABCMR Record of Proceedings (cont)	AR20160006901



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2