ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 13 September 2019 DOCKET NUMBER: AR20180007830 APPLICANT REQUESTS: correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation – Honorable Discharge) to reflect: * His date of enlistment instead of his date of reenlistment * His correct birth date as listed on his birth certificate APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Report of Physical Examination and Induction * VA Form 10-2593 (Record of Hospitalization) * WD AGO Form 53-55 * WD AGO Form 100 * Certificate of Birth 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 wishes to correct his WD AGO Form 53-55 to reflect his date of enlistment of 8 June 1945. His current WD AGO Form 53-55 indicates that he enlisted on 15 December 1945, however that is the date that he reenlisted. He states the correct date should be 8 June 1945 and he also states his birthday is incorrect and would like it corrected from ## J__ 192## to #X A__19##. 3. The applicant provided: a. A copy of his Report of Physical Examination and Induction form which shows his disposition of registrant by Army Forces on 7 April 1945, and his induction on 8 June 1945. b. A Veterans Affairs (VA) Form 10-2593 abstract of his medical record which shows he had a hospitalization while on active duty during the period of 15 December 1945 through 13 March 1947. c. A copy of WD AGO 53-55 that shows his reenlistment in the Regular Army (RA) on 15 December 1945 and discharge on 13 March 1947, and his incorrect birth date of 1X J__ 19__. d. A copy of his WD AGO Form 100 (Separation Qualification Record), which shows his date of entry into the active service as 15 December 1945 and separation on 13 March 1947. It also shows his place of separation as Fort Dix and his military occupational specialty as an 824 (Supply Clerk). e. A copy of his birth certificate showing his correct birthday which is ## A__ 19##, not #X J___ 19##, which is listed on his separation WD AGO 53-55. 4. Review of the applicant's service records shows: a. He was inducted into the Regular Army on 8 June 1945. Although his available record does not contain a separation document for this period of service, he was issued a Certification of Military Service that show she was honorably discharged 14 December 1945. b. He reenlisted on 15 December 1945. He was honorably separated from active duty on 13 March 1947. He completed 1 year, 2 months, and 29 days of active service. His WD AGO 53-55 shows his date of entry as 15 December 1945 and his DOB as ## J__ 19##. 4. By regulation, WD AGO Form 53-55 will be prepared at the time of separation. All entries are to apply only to the current period of active duty. In item 24, enter the date of the current enlistment or active service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined partial relief was warranted. The applicant’s contentions were carefully considered. The Board determined there was an error with the listing of his date of birth, and agreed to provide relief. The applicant acknowledged the separation document shows his reenlistment date, and not the date he initially entered active duty. He is advised regulatory guidance during his period of service provided for the issuing of a separation document upon each immediate reenlistment. Therefore, the Board agreed there was no error with the entry date listed on the contested separation document. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his WD AGO Form 53-55 for the period ending 13 March 1947 by showing the date of birth listed on his State of Alabama Certificate of Birth. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to amending his date of entry. 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. Technical Manual 12-236 (Preparation of Separations), in effect at the time, states WD AGO Form 53-55 (Honorable Discharge and Enlisted Record and Report of Separation) will be prepared at the time of separation. All entries are to apply only to the current period of active duty. In item 24 (Date of Entry into Active Service) enter the date of current tour of active duty. The following records are used as a basis for the preparation of WD AGO Form 53-55: * WD AGO Form 24 (Service Record) * WD AGO Form 20 (Qualification Record) * WD AGO Form 8-117 (Immunization Register) * WD AGO Form 40 (Certificate of Disability for Discharge), when applicable * Citations * General court-martial orders, when applicable * WD AGO Form 100 (Army Separation Qualification Record), when applicable //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007830 3 1