RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        07 August 2007
      DOCKET NUMBER:  AR20070004560


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Ms. Ernestine I. Fields           |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 at the time of his discharge the Native
American was not an available category.

3.  The applicant provides in support of his application, a copy of his
Ramapough Lenape Indian Nation Identification Card; a copy of his Report of
Transfer or Discharge (DD Form 214); a copy of his Certification of Birth;
two copies of a dinner invitation signed by the Ramapough Lenape Indian
Nation Tribal Chief, addressed to "all Elders" dated 7 October 2006, a copy
of an envelope addressed to him, from the Ramapough Lenape Indian Nation; a
copy of a letter and ballot regarding tribal elections; and a copy of a
Ramapough Lenape Indian Nation News Letter.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 7 February 1962.  The application submitted in this case
is dated 15 February 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 14 October 1959, the applicant underwent a medical examination to
determine if he was qualified for induction in the Army.  The Report of
Medial Examination that was completed at the time of his examination shows
his race as Negroid.

4.  The applicant was inducted into the Army on 14 October 1959, in Newark,
New Jersey, in the pay grade of E-1.  He successfully completed his
training as a medical corpsman.

5.  A review of the applicant's available records reveals that all
documentation, except for one clinical record, completed on the applicant
while he was on active duty in the Army shows his race as Negroid.  The
clinical record that was completed by a medical corps captain on 25 October
1960 refers to the applicant's race as “White.”

6.  The applicant underwent a medical examination on 12 December 1961, to
determine if he was medically qualified for separation.  The Report of
Medical Examination and the Report of Medical History shows the applicant's
race as Negroid.

7.  The applicant was honorably released from active duty (REFRAD) on
7 February 1962, at the expiration of his term of service.  The DD Form 214
that he was furnished at the time of his REFRAD shows his race as Negroid.

8.  Army Regulation 635-5 serves as the authority for the preparation of
the DD Form 214.  It provides, in pertinent part, that the DD Form 214 will
be prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

DISCUSSION AND CONCLUSIONS:

1.  At the time that the applicant underwent his medical examination for
enlistment his race was shown on his records as Negroid.  The same race is
reflected throughout his entire military record until the time that he was
REFERAD, except on one document that shows his race as “White.”

2.  The documentation that the applicant has submitted in behalf of his
application has been noted.  However, while the Board concedes that he is
affiliated with the Ramapough Lenape Indian Nation, the documentation that
he has submitted is insufficient proof that his race was not correctly
annotated at the time of his induction and REFRAD.

3.  There is no indication in the available record that shows that he ever
made an attempt to dispute the race reflected in his records while he was
on active duty or immediately following his REFRAD and while the documents
he submit support his affiliation with the Ramapough Lenape Indian Nation,
it does not prove that his race is Native American.

4.  In order to justify correction of a military record the applicant must
show 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.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 February 1962; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 6 February 1965.  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

__RJF___  __EF____  __LDS__  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.




                                  ___Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004560                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070807                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  1021 |100.0000/ADMINISTRATIVE MATTERS         |
|2.  1027                |100.1200/CHANGE RACE                    |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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