RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 May 2005
DOCKET NUMBER: AR20040004165
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Rosa M. Chandler | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Leonard G. Hassell | |Member |
| |Ms. Laverne V. Berry | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, his WD AGO Form 53-55 (Enlisted
Record and Report of Separation-Honorable Discharge), Item 18 (Race) be
corrected to that his race is "White" and not "Negro."
2. The applicant states that the correction is administrative in nature
and would not affect his benefits or entitlements.
3. The applicant provides in support of his request a:
a. Copy of a WD AGO Form 53-55.
b. Certificate of Birth, Georgia State Board of Health, Bureau of
Vital Statistics, issued on 14 June 2004.
c. Statement from a family friend, dated 14 June 2004 which indicates
she has known the applicant and his family for more than 60 years and that
he is "Caucasian" and not "African American."
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of alleged error which occurred
on
2 November 1945. The application submitted in this case is dated 3 July
2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant's military records are presumed lost or destroyed in the
National Personnel Records Center fire of 1973. Information herein is
limited to the
WD AGO Form 53-55 that is contained in the reconstructed record and the
documents the applicant provided.
4. The available evidence shows that the applicant was inducted into the
Army of the United States on 14 February 1943 and he served until he was
honorably separated on 2 November 1945.
5. The WD AGO Form 53-55, Item 18, that is contained in the reconstructed
record is not annotated to show the applicant's race.
6. The WD AGO Form 53-55, provided by the applicant, Item 18 is annotated
with an "X" to show his race is "Negro." All other entries on the WD AGO
Form
53-55 are the same as those on the WD AGO Form 53-55 contained in the
reconstructed record.
7. The Certificate of Birth the applicant provided shows that both of his
parents are "White."
DISCUSSION AND CONCLUSIONS:
The Certificate of Birth, issued on 14 June 2004 is sufficient to support
correcting the applicant's WD AGO Form 53-55 to show that his race is
"White."
BOARD VOTE:
__jea___ __lgh___ __lvb___ GRANT 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 and to excuse failure to timely file. As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by issuing the individual a DD Form 215
(Correction to WD AGO Form 53-55) to show his race is "White."
James E. Anderholm
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040004165 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050505 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |100.1200 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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