IN THE CASE OF:

		BOARD DATE: 13 December 2023

		DOCKET NUMBER: AR20230005582


APPLICANT REQUESTS: correction to his WD AGO Form 53 (Enlisted Record and 
Report of Separation), ending on 22 December 1947, to reflect his Date of Birth (DOB) 
as "" vice "."

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	WD AGO Form 53, ending on 22 December 1947
*	Honorable Discharge Certificate
*	Pennsylvania Certification of Birth
*	Pennsylvania Driver License

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), 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, in pertinent part, that the DOB listed on his service record WD 
AGO Form 53 is incorrect and needs to be adjusted accordingly.

3.  The applicant's military records are 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 his records were lost or destroyed in that fire. 
However, there were sufficient documents remaining in a reconstructed record to 
conduct a fair and impartial review of this case. This case is being considered using 
reconstructed records, which primarily consist of a WD AGO Form 53. 

4.	On 12 July 1946, the applicant enlisted in the Regular Army.

5.	WD AGO Form 53 shows the applicant was honorably released from active duty on 
22 December 1947, item 10 (Date of Birth) shows "."

6.  The applicant provides the following:

   a.	Honorable Discharge Certificate showing he was honorably discharged from the 
Army of the United States on 22 December 1947.

b.	Pennsylvania Certification of Birth displaying his DOB of .

c.	Pennsylvania Driver License showing his DOB as "."


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition and available military records, the 
Board determined the evidence presented does not demonstrate the existence of a 
probable error or injustice.  The applicant used the contested date of birth (DOB) during 
his entire period of service.  The Board determined the overall merits of this case are 
insufficient as a basis for correction of the records of the individual concerned. The 
Board recommended the applicant seek assistance through the social security 
administration (SSA) office for correction of his one off of his date of birth and they will 
be able to merge the two different dates as well and notify the department of veteran 
affairs of the correction. Based on this the Board denied relief.

2.  The Army has an interest in maintaining the integrity of its records for historical 
purposes.  The information in those records must reflect the conditions and 
circumstances that existed at the time the records were created.  In the absence of 
evidence that shows a material error or injustice, there is a reluctance to recommend 
that those records be changed.

3.  The applicant is advised that a copy of this decisional document, along with his 
application and the supporting evidence he provided, will be filed in his official military 
records.  This should serve to clarify any questions or confusion regarding the 
difference in the DOB recorded in his military records and to satisfy his desire to have 
his DOB documented in his military records.

?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

xx	xx	xx	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 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.  War Department Technical Manual 12-236 (Preparation of Separation Forms) 
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 that item 10 
shows the members DOB at the time of separation.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230005582


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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