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AF | BCMR | CY2006 | BC-2006-01358
Original file (BC-2006-01358.doc) Auto-classification: Denied

                       RECORD OF PROCEEDINGS
         AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS


IN THE MATTER OF:                       DOCKET NUMBER:  BC-2005-01358

      XXXXXXX                                COUNSEL: NONE

                                        HEARING DESIRED: YES

MANDATORY CASE COMPLETION DATE: 27 SEPTEMBER 2007

_________________________________________________________________

APPLICANT REQUESTS THAT:

His DD Form 214, Armed Forces of the United States Report of  Transfer
or Discharge, block 7a, be changed to reflect "Mexican-American."

_________________________________________________________________

APPLICANT CONTENDS THAT:

His birth certificate recorded in Los Angeles County records his  race
as something other than Caucasian.

In support of his application, applicant provided a copy  of  DD  Form
214,  Armed  Forces  of  the  United  States  Report  of  Transfer  or
Discharge.

Applicant's complete submission, with attachment, is at Exhibit A.

_________________________________________________________________

STATEMENT OF FACTS:

The applicant enlisted in the Regular Air Force as an airman basic  on
27 September 1962 for a period of four years.   On       26  September
1966, the applicant was separated under the provisions of  AFR  39-10,
with an honorable discharge in the grade of airman  second  class.  He
served four years of total active military service.

On 10 May 2005, applicant's application was returned to him explaining
DPPRS was unable to change this block to  reflect  "Mexican  American"
based on the fact at the time of his separation, the  only  authorized
entries were "Caucasian, Negroid, Mongolian, Indian (American)."

_________________________________________________________________


AIR FORCE EVALUATION:

AFPC/DPPRS recommended denial  and  states  no  corrective  action  is
required on applicant's DD Form 214. Block 7a is correct based on  the
regulation in effect at the time of applicant's separation.

In accordance with AFM 35-5, Separation Processing, Table 13,  at  the
time of the applicant's separation, the only  authorized  entries  for
Block 7a on the DD  Form  214  were  "Caucasian,  Negroid,  Mongolian,
Indian (American)."

AFPC/DPPRS complete evaluation is attached at Exhibit C.

_________________________________________________________________

APPLICANT'S REVIEW OF AIR FORCE EVALUATION:

The applicant reviewed the Air Force evaluation and states his parents
both were of Mexican heritage. The applicant provided a  copy  of  his
birth certificate.

Applicant's response, with attachment, is at Exhibit E.

_________________________________________________________________

THE BOARD CONCLUDES THAT:

1.    The applicant has exhausted all remedies  provided  by  existing
law or regulations.

2.    The application was timely filed.

3.    Insufficient relevant evidence has been presented to demonstrate
the existence of an error or injustice.  After a  thorough  review  of
the evidence of record and  applicant’s  submission,  to  include  his
contention his birth certificate had his race as something other  than
Caucasian, we are not persuaded that his DD Form 214 should be changed
to reflect Mexican American. In this respect, we note at the  time  of
the applicant's separation, the only authorized entry for Block 7a  on
the applicant's DD Form 214 was Caucasian.  The Board also notes  that
an attempt was made to contact the applicant to  further  clarify  his
request; however, it was met to no avail. Therefore, we agree with the
opinion and recommendation of the primary office of responsibility and
adopt its rationale as the basis for our conclusion that the applicant
has not been the victim of an error  or  injustice.  In  view  of  the
above, we find no basis to recommend granting the relief sought.

4.  The applicant’s case is adequately documented and it has not  been
shown  that  a  personal  appearance  with  or  without  counsel  will
materially add to our understanding of the issue involved.  Therefore,
the request for a hearing is not favorably considered.

_______________________________________________________________


THE BOARD DETERMINES THAT:

The  applicant  be  notified  that  the  evidence  presented  did  not
demonstrate the existence of material error  or  injustice;  that  the
application was denied without a personal  appearance;  and  that  the
application will only be reconsidered upon  the  submission  of  newly
discovered relevant evidence not considered with this application.

_________________________________________________________________

The following members of the Board considered Docket  Number  BC-2005-
01358 in Executive Session on 14 June 2005, under  the  provisions  of
AFI 36-2603:

        Ms. Charlene M. Bradley, Panel Chair
        Mr. James A. Wolffe, Member
        Ms. Jan Mulligan, Member

The following documentary evidence was considered:

            Exhibit A.  DD Form 149, dated 13 Mar 06, w/atch.
            Exhibit B.  Applicant's Master Personnel Records.
                 Exhibit C.  Letter, AFPC/DPPRS, dated 10 Apr 06.
                 Exhibit D.  Letter, SAF/MRBR, dated, 21 Apr 06
                 Exhibit E.  Applicant's Response, dated 13 May 06.




                                   CHARLENE M. BRADLEY
                                   Panel Chair

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