RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20080000705
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 records to show his overseas service in Vietnam. He also requests that item 7a (Race) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from Caucasian to Black.
2. The applicant states that his DD Form 214 should be corrected to show his race as Black and that his overseas service in Vietnam should be added.
3. The applicant provides no additional documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants 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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants Report of Medical Examination, dated 8 December 1959, shows his race as Negro. He enlisted in the U.S. Army Reserve on 21 December 1959 for a period of eight years. His DD Form 4 (Enlistment Record - Armed Forces of the United States) and his DA Form 20 (Enlisted Qualification Record) show his race as Neg [Negro].
3. He was ordered to active duty for training (ACDUTRA) on 31 January 1960.
4. The applicants DA Form 24 (Service Record) does not show any service outside the continental United States. His Enlisted Qualification Record does not show any foreign service in Block 29 (Foreign Service).
5. The applicant was released from ACDUTRA on 30 July 1960 and he completed 6 months of active duty. On the following date, he was transferred back to his Reserve unit.
6. Item 24c (Foreign and/or Sea Service) on his DD Form 214 does not show he served any foreign service during the period covered by the report.
7. Item 7a on his DD Form 214 shows the entry Cau [Caucasian].
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The version in effect at the time directed that the total active duty outside the continental United States for the period covered by the DD Form 214 would be entered in item 24c.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record available, and the applicant has not provided any evidence, which shows he served in Vietnam. Therefore, there is insufficient evidence on which to correct the applicants DD Form 214 to show foreign service in Vietnam.
2. The evidence of record shows the applicants race as Negro [current term Black]. However, his DD Form 214 erroneously reflects his race as Caucasian. Therefore, it would be appropriate to amend item 7a on his DD Form 214 to show his race as Black.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
PM______ JH______ KJ______ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 7a on his DD Form 214 to show the entry Black.
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 showing overseas service in Vietnam on his DD Form 214.
PM________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20080000705
4
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA 22202-4508
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