ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  28 June 2019

	DOCKET NUMBER:  AR20170003334


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 13 x__ 19Xxvice 20 S__ 19Xx.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* (DD Form 293 (Application for the Review of Discharge or Dismissal from the Armed Forces of the United States)
* Birth Certificate
* WD AGO Form 53-55

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, in effect, his WD AGO Form 53-55 separation document reflects his DOB as 20 x__ 19X2.  His correct DOB is 13 x__ 19X2.

3.  The applicant provides:

	a.  A certified copy of his Certification of Live Birth, issued by the North Carolina Department of Human Resources, Division of Health Services – Vital Records Raleigh Branch, dated 30 September 1922 that shows the applicant was born on 13 x__ 19X2.

	b.  A copy of his WD AGO Form 53-55, that shows in Item 10 (Date of Birth) the DOB entered is different from the date shown on his birth certificate.

4.  The applicant’s military record is not available to the Board for review.  A fire destroyed approximately 18 million service member's 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 on file for the Board to conduct a fair and impartial review of this case.  This case is being considered using his birth certificate and his WD AGO Form 53-55.

5.  A review of the applicant’s WD AGO Form 53-55 shows:

	a.  He was inducted into the Army of the United States on 5 January 1943 at Fort Bragg, NC.

	b.  He served in World War II, with the 4177th Quartermaster Service Company, from 20 September 1943 to 24 November 1945.

	c.  He was discharged on 12 December 1945, in accordance with Army Regulation (AR) 615-365 (Enlisted Men-Discharge, Convenience of the Government), for the convenience of the government.  He served a total of 2 years, 11 months, and 4 days of active service.  Item 10 (Date of Birth) on his WD AGO Form 53-55 shows the date of birth entered was “20 x__ 19X2” instead of the date on his birth certificate 13 x__ 19X2.

6.  By regulation (AR 345-470 (Military Records-Discharge Certificate, Enlisted Personnel)), in effect at the time, every enlisted person lawfully inducted into the military service of the United States will be given a certificate of discharge signed by a field officer at the time of separation except in those cases where separation is effected other than by discharge.  The discharge certificate is the official record of the individual’s separation from service and, as such, should be exact and presentable.

7.  War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time,  provided that the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual stated for item 10, of WD AGO Form 53-55, enter the enlisted member’s date of birth.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon a documentary review of that presented by the applicant and found within the military service record, the Board found that the date of birth currently reflected on the applicant’s WD AGO Form 53-55 was consistent with all other date of birth dates within the record.  Without a justification as to what may have caused the error in the first place from the applicant, the Board concluded that there was insufficient evidence to show an error or injustice which would warrant making a change to the applicant’s record.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION

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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 345-470, in effect at the time, provided every enlisted person lawfully inducted into the military service of the United States will be given a certificate of discharge signed by a field officer at the time of separation except in those cases where separation is effected other than by discharge.  The discharge certificate is the official record of the individual’s separation from service and, as such, should be exact and presentable.

2.  War Department Technical Manual 12-236, in effect at the time, provided the appropriate separation form would be prepared for all enlisted personnel separated from the service by reason of discharge, retirement, or release from active duty or transfer to a Reserve Component.  This manual stated for item 10, of WD AGO Form 53-55, enter the enlisted member’s date of birth.


ABCMR Record of Proceedings (cont)	 AR20170003334


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