SAMR								30 Jan 2023

MEMORANDUM FOR Case Management Division, Army Review Boards Agency, 251 18th Street
South, Suite 385, Arlington, VA 22202-3531

SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, 
AR20200006123

1. Reference the attached Army Board for Correction of Military Records Record of
Proceedings in which the Board majority recommended full relief of the applicant's
request.

2. I have reviewed the applicant's request, the evidence presented, the findings, 
conclusions, and Board member recommendations. I have reviewed the availabe records 
and find an absence of sufficient evidence to determine there was an error at the time 
of the applicant's service or that the record as it exists has caused an injustice to the
applicant. Based on a preponderance of evidence, I find that there is insufficient evidence
to grant the applicant's requested corrections. Therefore, under the authority of Title
10, United States Code, section 1552, I direct that the applicant's request be denied.

3. Request that the individual concerned and counsel, if any, as well as any Members of Congress 
who have shown interest be advised of this decision and that the Army Board for Correction of Military 
Records be furnished a copy of the correspondence.

BY ORDER OF THE SECRETARY OF THE ARMY:


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		IN THE CASE OF:  

		BOARD DATE:  4 February 2021

		DOCKET NUMBER:  AR20200006123


APPLICANT REQUESTS:  correction of his WD AGO Form 53 (Enlisted Record and 
Report of Separation Honorable Discharge) to show his date of birth (DOB) as shown 
on his birth certificate.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Applicant letter, dated 10 March 2020
*	Hospital Birth Certificate, dated 30 October 1930
*	Certificate of Birth, dated 30 October 1930
*	Honorable Discharge Certificate for the period ending 16 December 1949

FACTS:

1.  The applicant did not file within the 3-year time frame as provided in Title 10, 
U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) 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 his daughter noticed his DOB was incorrect. His daughter states 
all of her father’s military records has his birth year of . She also states his birth year 
should be instead of .

3.  The applicant's hospital birth certificate and birth certificate shows his date of birth 
as.

4.  The applicant enlisted in the Regular Army on 26 February 1947. He would have 
enlisted in the Regular Army at the age of 16 if he was born on . When he enlisted in the 
Regular Army with his date of birth as , he would have been 17 years of age.

5.  The applicant’s service records are unavailable for review by the Board.

6.  He was honorably discharged from the Regular Army on 16 December 1949 per 
Army Regulation 615-365 (Enlisted Personnel Discharge Convenience of the 
Government). Item 10 (DOB) of his WD AGO Form 53 shows his birth year as .


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is warranted.

2.  The Board noted the actual age the applicant would have been when he enlisted in 
the Regular Army, but also noted that he served honorably and attained the rank of 
sergeant prior to his discharge on 16 December 1949.  The Board further noted that the 
incorrect date of birth on his WD AGO Form 53 may prevent or delay the receipt of 
Veterans benefits he earned.  The Board determined his WD AGO Form 53 should be 
corrected to show the date of birth shown on his birth certificate.   


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:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by amending item 10 of his 
WD AGO Form 53 to show the date of birth recorded 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.


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 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.  Technical Manual 12-235 (Enlisted Personnel Discharge Procedures and 
Preparation of Separation Forms), effective 1 February 1948, prescribed discharge 
procedures and preparation of separation forms. There are no specific instructions for 
item 10 (DOB) for the WD AGO Form 53.

3.  The militarybenefits.info/military-enlistment-age-limits website states the minimum 
age permitted to enter the Regular Army is 17 with parental consent in writing. Those  
18 and older are permitted to join the military without parental consent. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20200006123


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