BOARD DATE:	  23 December 2010

		DOCKET NUMBER:  AR20100017447 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge) be corrected to show his race as American Indian.

2.  The applicant states he has been enrolled as a member of the Menominee Indian tribe since birth and was raised as an American Indian.

3.  The applicant provides copies of his WD AGO Form 53-55 and a Certificate of Indian Blood.

CONSIDERATION OF EVIDENCE:

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.  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, 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.  It is believed the applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from documents provided by the applicant.

3.  His WD AGO Form 53-55 provides the following information:

* the applicant was born 25 March 1916
* his address at the time of induction was Keshena, Wisconsin
* his race is shown as "white" in item 18 (Race)
* he served on active duty from 27 August 1941 through 14 March 1946

4.  The Certificate of Indian Blood provides the following:

* the applicant's name
* his date of birth as 25 March 1916
* his address as Neopit, Wisconsin
* his ethnic group is Menominee Indian Tribe of Wisconsin
* his blood quantum is 3/8

5.  There is no available military regulation defining what constitutes the required level for blood relationship to determine a Soldier's race.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he has been enrolled as a member of the Menominee Indian Tribe since birth and was raised as an American Indian.

2.  The available evidence shows the applicant is officially recognized as an ethnic Menominee Indian.

3.  The Certificate of Indian Blood and the applicant's personal statement combined with the unfortunate destruction of his official military records are sufficient evidence with which to grant the applicant's request to correct item 18 of his WD AGO Form 53-55 to show his race as "Other – American Indian."

BOARD VOTE:

___x___  ____x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing the applicant's race in item 18 of his WD AGO Form 53-55 as "Other – American Indian."



      ___________x______________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20100017447



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ABCMR Record of Proceedings (cont)                                         AR20100017447



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