ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 August 2019 DOCKET NUMBER: AR20190004629 APPLICANT REQUESTS: correction of item 10 (Date of Birth (DOB)) of her father's (a deceased former service member (FSM)) WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) for the period ending 17 May 1949, to show his DOB as "XX XXX XX" instead of "X XXX XX." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * a self-authored statement * WD AGO Form 53 (Enlisted Record and Report of Separation – Honorable Discharge) * Certificate of Birth * Certificate of Death * Social Security Card 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, her father, a World War II veteran, recently passed away. While trying to obtain military funeral honors it was noted the FSM's DOB was incorrectly reflected on his WD AGO Form 53. 3. The FSM's complete military record is 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 on file for the Board to conduct a fair and impartial review of this case. This case is being considered primarily using his WD AGO Form 53 and documents provided by the applicant. 4. The FSM enlisted in the Regular Army on 16 April 1946. Evidence shows he was honorably discharged at the expiration of his term of service on 17 May 1949. 5. The DOB listed on his WD AGO Form 53 is the only DOB recorded in his available military records. 6. The applicant provides a copy of the FSM's Certificate of Birth and Certificate of Death which lists the FSM's DOB as "XX XXN XX." 7. The WD AGO Form 53 is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. Item 10 (DOB) is self- explanatory. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, the belief that the Soldier’s records may have been burned in the records center fire, the Soldier’s period of service, the DOB on the available record, the birth certificate and the certificate of death provided by the applicant. Absent additional evidence from the military records, the Board found that an error may have occurred and that, by a preponderance of the evidence, the Soldier’s record should be corrected to reflect the Date of Birth on the birth certificate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : 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 the WD AGO Form 53 for the period of service ending 17 May 1949 to show in item 10 (Date Of Birth) – “XX XXX XXX” vice “X XXXX XXXX”. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. War Department Technical Manual 12-236 (Preparation of Separation Forms), in effect at the time of the FSM's separation, provided the procedures to be followed in the separation of enlisted personnel from active service and described the proper method of execution and disposition of the various forms, records, and reports required. In pertinent part, this manual stipulated that the WD AGO Form 53 was to be completed based upon interviewing the Soldier and referring to all available records regarding the period of service to be covered by the forms. It established standardized policy for the preparation of the WD AGO Form 53. It stated that the DOB of the separating Soldier would be entered on the form. ABCMR Record of Proceedings (cont) AR20190004629 4 1