IN THE CASE OF:
BOARD DATE: 26 June 2008
DOCKET NUMBER: AR20080000937
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of item 10 (Date of Birth) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his date of birth (DOB) as 31 October 1930 and correction of item 12 (Description) to show his race as Hispanic and his height as 5 feet and 2 inches.
2. The applicant states that he has never been a tall man. He states that he is Hispanic and was born in October.
3. The applicant provides a copy of his birth certificate; his DD Form 214; and his drivers license.
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 military records are not available to the Board. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The applicant was inducted into the Army of the United States on 4 August 1952. He completed infantry training and was awarded military occupational specialty number 1745 (infantryman).
4. The applicant was released from active duty on 16 July 1954 and was transferred to the U.S. Army Reserve on the following date.
5. Headquarters, 7502nd Army Unit Personnel Center, Fort Buchanan, Puerto Rico, Special Orders Number 140, dated 16 July 1954, releasing the applicant from active duty, show his Home of Record as Yabucoa, Puerto Rico and his DOB as 30 August 1930.
6. Item 10 on his DD Form 214 shows his DOB as 30 August 1930.
7. Item 12 on his DD Form 214 shows his race as Caucasian and his height as 62 inches.
8. The applicant provided his birth certificate which shows he was born in Yabucoa, Puerto Rico on 31 October 1930.
9. His drivers license shows his DOB as 31 October 1930 and his height as 5 feet and 2 inches.
DISCUSSION AND CONCLUSIONS:
1. The applicants birth certificate verifies that his DOB is 31 October 1930. This document is accepted as sufficient evidence as a basis to amend item 10 on his DD Form 214 to show his DOB as 31 October 1930.
2. The applicants birth certificate shows he was born in Puerto Rico. Based on this and the applicants assertion, it would be appropriate to amend his race in item 12 on his DD Form 214 from Caucasian to Hispanic (even though Hispanic is an ethnic designation rather than a race classification).
3. The applicants DD Form 214 currently reflects his height as 62 inches in item 12. This unit of measurement is the same as 5 feet and 2 inches. Therefore, there is no basis for amending item 12 on his DD Form 214 to show his height as 5 feet and 2 inches.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
xx______ xx______ xx______ 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:
a. amending item 10 on his DD Form 214 to show his DOB as 31 October 1930; and
b. amending item 12 on his DD Form 214 to show his race as Hispanic.
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 amending item 12 on his DD Form 214 to show his height as 5 feet and 2 inches.
xxxxxxx____ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080000937
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ABCMR Record of Proceedings (cont) AR20080000937
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