RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060000512


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 that his WD AGO Form 53-55 (Enlisted Record and
Report of Separation Honorable Discharge) be corrected to show his race as
American instead of Filipino.

2.  The applicant does not provide any statement with his application.

3.  The applicant provides a copy of his Birth Certificate and his WD AGO
Form 53-55 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 28 September 1946, the date of his discharge from active
duty.  The application submitted in this case is dated 4 January 2006.

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's military records are not available for review.  A fire
destroyed approximately 18 million service members’ records at the National
Personnel Records Center in 1973.  It is believed that the applicant's
records were lost or destroyed in that fire.  However, there were
sufficient documents remaining in a reconstructed record to conduct a fair
and impartial review of this case.

4.  The applicant's WD AGO Form 53-55 shows he enlisted in the Army of the
United States and entered active duty on 28 July 1942 in the military
occupational specialty (MOS) 745 (Rifleman).  The applicant was honorably
discharged on 28 September 1946.

5.  The applicant's WD AGO Form 53-55 shows that he was awarded the Asiatic-
Pacific Theater Ribbon, Philippine Liberation Ribbon with one bronze
service star, Philippine Independence Ribbon, and the World War II Victory
Medal.

6.  Block 18 (Race) of the applicant's WD AGO 53-55 shows that the block
other was marked with an "X" and the entry "FIL" [Filipino] was placed in
the block.

7.  Block 56 (Signature of the Person Being Separated) shows that the
applicant authenticated his WD AGO 53-55 in his own hand.

8.  The applicant provided a Birth Certificate that shows he was born on 13
July 1924 in the Territory of Hawaii.  His Birth Certificate further
identifies the race of both of his parents as Filipino.

9.  The dictionary defines race as a local geographic or global human
population distinguished as a more or less distinct group by genetically
transmitted physical characteristics.

10.  On 12 August 1898, the Republic of Hawaii was annexed to the United
States and became the State of Hawaii on 21 August 1959.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his WD AGO 53-55 should be amended to show
his race as American.

2.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The data and information contained in those
records should actually reflect the conditions and circumstances that
existed at the time the records were created.

3.  At the time of the applicant's service in the Army of the United
States, Hawaii was not officially recognized as a State.

4.  The applicant's Birth Certificate clearly shows that both of his
parents were identified as members of the Filipino race.

5.  The applicant authenticated his WD AGO 53-55 at the time of
preparation.  There is no evidence in the available records and the
applicant has not submitted sufficient evidence showing that his race is
incorrectly annotated on his separation document.

6.  Absent such evidence, there is no basis to grant the relief requested
in this case.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 September 1946, the date of his
discharge from active duty.  However, the ABCMR was not established until
2 January 1947.  As a result, the time for the applicant to file a request
for correction of any error or injustice expired on 1 January 1950.  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

_JRM___  _RCH___  _SWF___   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.




                                      _Jeanette R. McCants___
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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