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ARMY | BCMR | CY2003 | 2003086035C070212
Original file (2003086035C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 23 October 2003
                  DOCKET NUMBER: AR2003086035

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Ms. Joann Langston Chairperson
Ms. Margaret K. Patterson Member
Mr. Arthur A. Omartian Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: In effect, that his race be changed to Caucasian.

APPLICANT STATES: In effect, that he is Caucasian, not African American. In support of his application, he submits three applications; a DD Form 214 (Report of Separation from Active Duty); a DD Form 215 (Correction to DD Form 214); and civilian medical records.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted on 10 October 1975 and trained as a field artillery crewman.

The applicant's DD Form 1966 (Application for Enlistment - Armed Forces of the United States), dated 10 October 1975, shows his race as Negro (currently known as African-American).

Item 8 (Race) on the applicant's enlistment Standard Form 88 (Report of Medical Examination), dated 10 October 1975, shows he entered the entry, "Neg" [Negro].

Item 8 on the applicant's separation Standard Form 88, dated 29 December 1976, shows he entered the entry, "Negro."

On 25 January 1977, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service.

The applicant provided copies of civilian medical records wherein he is described as a "black" male on numerous documents.

There is no evidence in the applicant's service personnel records which shows that his race is Caucasian.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The evidence of record does not support the applicant's contention that he is Caucasian. His enlistment and separation physical examinations and current civilian records show that he is African-American. Therefore, the Board determined that there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

JL______ MKP____ AAO_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003086035
SUFFIX
RECON
DATE BOARDED 20031023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 100.1200
2.
3.
4.
5.
6.


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