RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 August 2006
DOCKET NUMBER: AR20050017220
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 |
| |Mr. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Paul M. Smith | |Chairperson |
| |Ms. LaVerne M. Douglas | |Member |
| |Mr. Ronald D. Gant | |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, that his records be corrected to
show that his race as American Indian.
2. The applicant states that he recently received copies of his record and
found some documents that have his race wrong.
3. The applicant provides copies of mental health evaluations, dated 30
April 1959 and 6 January 1960. He also provides copies of his 10 November
1958 and 16 January 1960 DD Forms 214 (Armed Forces of the United States
Report of Transfer or Discharge).
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 26 January 1960. The application submitted in this case was
received on
6 December 2005.
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 served on active duty from 10 November 1955 until
10 November 1958. His enlistment documents are not available. His DD Form
214 shows his race as American Indian.
4. He again enlisted in the Regular Army on 1 December 1958. His
enlistment documents, including the report of his entrance physical
examination, show his race as American Indian.
5. The 30 April 1959 report of Mental Hygiene Consultation describes the
applicant as Negroid. The 6 January 1960 report of Mental Hygiene
Consultation uses the term Negro.
6. The applicant’s 26 January 1960 DD Form 214 shows his race as American
Indian.
DISCUSSION AND CONCLUSIONS:
1. The available records tend to substantiate that the applicant is an
American Indian.
2. The applicant’s records should be corrected to change all references to
American Indian.
BOARD VOTE:
_RDG ___ __PMS__ __LMD__ 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 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 changing all references to the
applicant’s race to, “American Indian.”
__ Paul M. Smith_________
CHAIRPERSON
INDEX
|CASE ID |AR20050017220 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060829 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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