IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080002203
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 his Report of Separation from the Armed Forces of the United States (DD Form 214) to show his race as "Hispanic."
2. The applicant states that his DD Form 214 inaccurately shows "Cau".
3. The applicant provides copies of his DD Form 214, his birth certificate, his fathers baptism documents and Certificate of Naturalization.
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 applicant's military records are not available for review. A fire destroyed approximately 18 million service member's records at the National Personnel Records Center in 1973. It is believed that his records were lost or destroyed in that fire. However, there are sufficient documents available to conduct a fair and impartial review of this specific request.
3. The applicants DD Form 214 shows:
a. that he enlisted in the Regular Army on 23 September 1948 for
3 years;
b. that he held military occupational specialty (MOS) 3666 (Medical Aidman);
c. that he served overseas for a period of 2 years, 7 months, and 8 days during the Korean War; and
d. that he was discharged on 16 June 1952 with an honorable characterization of service.
4. Item 12 (Description) of the applicants DD Form 214 indicates his race as "Cau", short for Caucasoid, and more commonly referred to as "White."
5. The applicants birth certificate shows his race as "White."
6. The Certificate of Naturalization of the applicants father shows him to be "White."
7. Race is defined as any of the different varieties of mankind, distinguished by form of hair, color of skin and eyes, stature, bodily proportions, etc. The three major groups are: Caucasoid, Negroid, and Mongoloid.
8. The term "Hispanic" refers to Spanish or Portuguese and identifies those ethnicities in a cultural or historical context. It is not a category of race.
9. Army Regulation 635-5 (Separation Documents), as in effect at the time, provided in pertinent part, that Item 12 (Description) would show the Soldiers race. The data would be obtained from the Soldiers enlistment record.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicants race is Caucasoid (White) and that it was properly entered on his DD Form 214.
2. The applicants desire to show his Spanish ethnicity on his DD Form 214 is understandable; however, the intent at the time was to show the Soldiers race.
3. In view of the above, the applicants request should be denied.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_____X___ ____X____ ____X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
__________ _ X _______ ___
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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080002203
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