BOARD DATE:  	15 January 2019

		DOCKET NUMBER:  AR20170007200


BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  A copy of this decisional document will be filed in the applicant's records to 
clarify the difference between the DOB and POB listed in his records and that 
listed on his birth certificate.  



												 
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.















		BOARD DATE:  15 January 2019

		DOCKET NUMBER:  AR20170007200


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


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




	 

		BOARD DATE:  15 January 2019

		DOCKET NUMBER:  AR20170007200


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his WD AGO 53-55 (Enlisted Record and 
Report of Separation-Honorable Discharge) to show his date of birth (DOB) as 
, and his place of birth (POB) as .  

2. The applicant states, in effect, his WD AGO 53-55 incorrectly reflects his DOB 
as 22 May 1926 and his POB as .  

THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records with supporting document(s):  

*	certificate of birth, dated 12 August 2011 
*	honorable discharge certificate, dated 7 December 1946
*	WD AGO 53-55 
*	Department of Veterans Affairs (VA)identification card, expires 7 July 2014

2.  There was a fire at the National Personnel Records Center (NPRC) on 12 July 
1973.  The fire destroyed the major portion of the records of Army military 
personnel for the period 1912 through 1959.  NPRC believes the applicant’s 
records were lost or destroyed in that fire.  Fortunately, there are alternative 
records sources that often contain information, which NPRC uses to reconstruct 
service record data.  The majority of the applicant's records are not available for 
review.  However, there were sufficient documents remaining in a reconstructed 
record to conduct a fair and impartial review of this case.  The Board will consider 
the following evidence from the applicant’s service record and Department of the 
Army and Department of Defense records and systems:

*	Archival Databases (AAD) full records display, National Personnel 
Records Center, dated 17 October 2017  
*	Certification of Military Service, dated 29 November 1990  

REFERENCES:

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.  

2.  Army Regulation 635-5 (Separation Documents), then in effect, prescribed the 
separation documents prepared for Soldiers upon retirement, discharge, or 
release from active military service or control of the Army.  It established 
standardized policy for preparation of the DD Form 214.  The DD Form 214 is a 
synopsis of the Soldier's most recent period of continuous active duty.  It 
provides a brief, clear-cut record of active Army service at the time of release 
from active duty, retirement, or discharge.

DISCUSSION:

1.  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, and 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 available military record contains a WD AGO 53-55, which 
includes entries for his DOB and POB, an AAD report that only includes his year 
of birth, and a Certification of Military Service that contains neither data points.  

	a.  His WD AGO 53-55 records his DOB as and his POB as 
.

	b.  The AAD report records his year of birth as 

3.  The applicant provided a copies of his Honorable Discharge Certificate and 
VA identification card; neither of these documents show his DOB or POB.

4.  The applicant provided a copy of his Birth Certification.  This document shows 
his DOB as  and his POB as 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20160006036