RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2005
      DOCKET NUMBER:  AR20040007430


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) in item 7a (Race) to
show  his American Indian heritage instead of (N/A).

2.  The applicant states that he recently learned that his DD Form 214
indicates his race as N/A.  The applicant further states that as he becomes
more cognizant of his heritage of American Indian, he would like this fact
to be on this very important document.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 October 1964.  The application submitted in this case is
dated 25 August 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 limitations 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 was inducted into the Army of the United States on 15
October 1962.  He completed basic training and advanced individual training
and was awarded the military occupational specialty 640.00 (Light Vehicle
Driver).  He was honorably separated from active duty on 14 October 1964.

4.  The applicant's DD Form 47 (Record of Induction) does not contain an
entry annotating his race.

5. The applicant's DD Form 214 contains the entry "N/A" in item 7a (Race).

6.  The applicant's DA Form 20 (Enlisted Qualification Record) contains the
entry
"CAU" [Caucasian] in item 9 (Race).


7.  The applicant's DD Form 214, issued at the time of his separation, is
authenticated in his own hand.

8.  The applicant's records contain various documents pertaining to his
service in the United States Army Reserve.  However, these documents do not
contain any data pertaining to the applicant's race.

9.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it states that the DD
Form 214 is a synopsis of the Soldier’s most recent period of continuous
active duty.  It provides a brief, clear-cut record of active Army service
at the time of release from active duty, retirement or discharge.  In the
version in effect at the time, it directed that the Soldier's race would be
entered in item 7(a) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted into the Army on 15 October 1962.  The
available records of his induction do not contain information pertaining to
his race.

2.  There is no evidence in his records which would verify his race as
American Indian and the applicant did not provide any evidence to support
his claim.

3.  The applicant's DA Form 20 shows his race as Caucasian.

4.  In accordance with Army Regulation 635-5, the applicant's race should
have been annotated on his DD Form 214.  However, this was not accomplished
and it is not clear why the applicant chose not to designate his race on
his military records.  The applicant has not provided any documentation
such as birth records which could be used to verify his race.

5.  Therefore, there is insufficient evidence upon which to base amending
the applicant's DD Form 214 to show his race as American Indian.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 October 1964; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 October 1967.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __phm___  __lgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007430                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050726                                |
|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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