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ARMY | BCMR | CY2006 | 20060000770C070205
Original file (20060000770C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 September 2006
      DOCKET NUMBER:  AR20060000770


      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. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan A. Powers               |     |Chairperson          |
|     |Mr. Jonathan K. Rost              |     |Member               |
|     |Mr. David K. Haasenritter         |     |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 records be corrected to show his race
as Native American.

2.  The applicant states that Native American was included on the
"application but failed to be included on the application."  The applicant
does not elaborate on what "application" he is referring to.

3.  The applicant provides copies of a birth certificate, his adoption
order, and a death certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Connecticut Army National Guard (CTARNG)
on 8 February 1982.

2.  The Department of Defense (DD) Form 1966 (Application for Enlistment)
prepared at that time shows, at item 7 (Population Group), the applicant's
race as both American Indian and White.  It shows his date of birth as 24
August 1964.

3.  The applicant served continuously in the CTARNG until 1999 when he
received an honorable discharge.  He reenlisted in the CTARNG on 22 March
2000.

4.  The 22 March 2000 DD Form 1966 is a newer edition which has two parts
for race; 7a, Racial Category, which includes blocks for both American
Indian and White; and 7b, Ethnic Category with two blocks for Hispanic and
Other (to be specified).  Item 7a has only White marked and 7b has Other
marked but no specification was entered.

5.  The applicant was discharged on 21 March 2003 and transferred to the
Retired Reserve effective the following day.

6.  The 21 March 2003 National Guard Bureau (NGB) Form 22 (Report of The
Separation and Record of Service) shows he had 20 years, 1 month, and
24 days of total service for pay.

7.  A review of all available documents in the Official Military Personnel
File found only the above noted documents to have denotations for race on
them.


8.  The applicant submits three documents to support his request:

      a.  A two page Town of Brooklyn Probate Court adoption order dated
30 November 1972.  The order states that Paul A___ W____ and Brenda L ___
S____, the parents of C___ Charles W____ [the applicant] born on 24 August
1964, agreed to the adoption of their child by Roger S____ and Brenda L ___
S____.  At this time the child's name was legally changed to C___ Charles
S____;

      b.  A birth certificate for Paul A___ W____.  This document shows
C____ Leroy W____ as the father of Paul; and

      c.  A death certificate for C____ Leroy W____.  It lists the
deceased's race as American Indian.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's original DD Form 1966 lists his race as both American
Indian and White.  The 2000 DD Form 1966 lists White and Other.

2.  It appears that C____ Leroy W____ was the applicant's grandfather and
that the applicant is at least part Native American.  A mixed racial
background would account for the double entries on the original DD Form
1966.

3.  The later DD Form 1966 also appears to indicate a mixed racial
background but fails to clarify what, other than White, is part of the mix.

4.  Based on the available documentation it appears that the applicant is
of both White and Native American ancestry.

5.  For historical purposes, the Army has an interest in maintaining the
accuracy of its records.  The information contained therein should reflect
the conditions and circumstances that existed at the time the records were
created and under which his military service was performed.

6.  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.


7.  The applicant signed both DD Forms 1966 indicating he wished to be
shown as a man of mixed ancestry.  The fact that he now wishes to honor
only the Native American heritage is insufficient reason to warrant a
correction of the records.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__SAP __  __DKH__  ___JKR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  _       _Susan A. Powers_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060000770                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . . .                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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