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 applicants 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 applicants 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 applicants 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 applicants 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 applicants 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.
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