Search Decisions

Decision Text

ARMY | BCMR | CY2007 | 20070000996
Original file (20070000996.txt) Auto-classification: Approved


RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  28 June 2007
	DOCKET NUMBER:  AR20070000996 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Mr. William F. Crain

Member

Mr. Dean A. Camarella

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 Enlisted Record and Report of Separation Honorable Discharge (WD AGO Form 53-55) to show his race as white.  He also requests a new Honorable Discharge Card.

2.  The applicant states that this mistake has existed for over 40 years and this is the second time he has requested that it be corrected. 

3.  The applicant provides copies of his WD AGO Form 53-55 and Honorable Discharge Card. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 8 May 1946, the date of his discharge.  The application submitted in this case was received on 22 January 2007.

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.  On 21 October 1943, the applicant was inducted into the Army of the United States.  He completed his initial training and was awarded military occupational specialty 271 (Longshoreman).

4.  The applicant’s Report of Physical Examination and Induction, dated 
21 October 1943, indicated in Item 17 (Race) that he was white.

5.  Item 18 (Race) of the applicant’s WD AGO Form 53-55 shows his race as Mexican.  Item 11 (Place of Birth) of this same form indicates that he was born in Gregory, Texas.

6.  The Honorable Discharge Card is no longer available for issue. 



DISCUSSION AND CONCLUSIONS:

1.  According to the applicant’s induction physical, his race is white.  The term "Mexican" identifies a nationality, and is not a race category.  Furthermore, the applicant was not born in Mexico.

2.  In view of the above, the applicant’s WD AGO Form 53-55 should be corrected to show his race as white.

3.  The Honorable Discharge Card is no longer available for issue.   Therefore it would be appropriate to issue the applicant an Honorable Discharge Certificate using the currently available forms.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 8 May 1946, the date of his separation 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; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___       _                       _______  GRANT FULL RELIEF 

___JTM __  __DAC__  __WFC   GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION












BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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:

a.  showing in Item 18 of his WD AGO Form 53-55 that this race is white; and

b.  issuing him a new Honorable Discharge Certificate for his service from 21 October 1943 to 8 May 1946.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to reissue of the Honorable Discharge Card.  




_____John T. Meixell ___
          CHAIRPERSON




INDEX

CASE ID
AR20070000996
SUFFIX

RECON
 
DATE BOARDED
 20070628
TYPE OF DISCHARGE
 
DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
Grant 
REVIEW AUTHORITY

ISSUES         1.
100.1200
2.

3.

4.

5.

6.


Similar Decisions

  • ARMY | BCMR | CY2008 | 20080006239

    Original file (20080006239.txt) Auto-classification: Approved

    The applicant requests that her husband's, a former service member (FSM), WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of 7 January 1946 be corrected to show the FSM's correct race, marital status, and citizenship. The FSM's WD AGO 53-55 shows the following entries: Item 11 (Place of Birth) - Scott, Ohio, Item 18 - an "x" indicates race as "Negro," Item 19 - an "x" indicates marital status as "Married," and Item 20 - an "x" indicates U.S. _...

  • ARMY | BCMR | CY2007 | 20070006734

    Original file (20070006734.txt) Auto-classification: Approved

    The applicant requests correction of his military records to remove the medical document dated 18 October 1945 that shows "Gonorrhea acute (carded for record)." However, the applicant's WD AGO Form 53-55, dated 27 December 1945, shows a different seventh digit serial number, his age at the time of the above document shows he was 21 years of age instead of 25 years of age, his home address at the time of entry into the service shows Rt 1, Hermitage, Arkansas instead of Oklahoma that shows on...

  • ARMY | BCMR | CY2004 | 20040004165C070208

    Original file (20040004165C070208.doc) Auto-classification: Approved

    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. Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, his WD AGO Form 53-55 (Enlisted Record and Report of...

  • ARMY | BCMR | CY2013 | 20130011747

    Original file (20130011747.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show his race as "Native American." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his WD AGO Form 53-55 as follows: * deleting the "X" in the "White" block * placing an "X" in the...

  • ARMY | BCMR | CY2010 | 20100017447

    Original file (20100017447.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The Certificate of Indian Blood and the applicant's personal statement combined with the unfortunate destruction of his official military records are sufficient evidence with which to grant the applicant's request to correct item 18 of his WD AGO Form 53-55 to show his race as "Other – American Indian." As a result, the Board recommends that all Department of the Army records of the individual...

  • ARMY | BCMR | CY2009 | 20090006240

    Original file (20090006240.txt) Auto-classification: Approved

    The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation and Honorable Discharge) for the period ending 8 January 1946 to show his correct date of birth (DOB), correct date of induction, and correct date of entry into active service. Item 10 (Date of Birth) of his WD AGO Form 53-55 shows he was born on 24 August 1924. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...

  • ARMY | BCMR | CY2006 | 20060009740

    Original file (20060009740.txt) Auto-classification: Approved

    RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060009740 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. The applicant requests, in effect, to have Item #9 (Permanent Address for Mailing Purposes) and Item #28 (County and State), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge),...

  • ARMY | BCMR | CY2009 | 20090003210

    Original file (20090003210.txt) Auto-classification: Denied

    This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. Parental names and the location of birth listed on the Mexican birth registry certificate coincide with the evidence of record. _______ _ __X_____ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the...

  • ARMY | BCMR | CY2005 | 20050017338C070206

    Original file (20050017338C070206.doc) Auto-classification: Approved

    Item 22 (Date of Induction); Item 24 (Date of Entry into Active Service); Item 37 (Total Length of Service (Continental Service); and Item 43 (Longevity for Pay Purposes), of his WD AGO Form 53-55, Enlisted Record and Report of Separation – Honorable Discharge, be corrected; b. that he be awarded the Purple Heart and that Item 34 (Wounds Received in Action), of his WD AGO Form 53-55, be corrected; and c. that Item 11 (Place of Birth), of his WD AGO Form 53-55, be corrected. Item 34 (Wounds...

  • ARMY | BCMR | CY2005 | 20050002381C070206

    Original file (20050002381C070206.doc) Auto-classification: Approved

    Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. DISCUSSION AND CONCLUSIONS: The applicant provides sufficient evidence to show the FSM was born on 21 December 1923.