Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090012678
Original file (20090012678.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  4 February 2010

		DOCKET NUMBER:  AR20090012678 


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, in effect, correction of item 7c (Color Hair), item 7d (Color Eyes) and the Social Security Number (SSN) entry in item 32 (Remarks).  

2.  The applicant states, in effect, he is an African-American and his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), erroneously lists the color of his hair as blond and the color of his eyes as blue.  He states his hair is black and his eyes are brown.  He further states the fifth digit of his SSN is 2 and not 8, as is currently listed on his DD Form 214. 

3.  The applicant provides a DD Form 214, driver's license and SSN card 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 applicant’s 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 applicant’s 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 personnel records and medical records were not made available to the Board.  However, there are sufficient reconstructed records available to conduct a fair and impartial review of the case.  This case is being considered using a reconstructed record that consists of the applicant's
DD Form 214, the documents provided by the applicant, and his confinement record.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 11 February 1964.  He was trained in and awarded military occupational specialty (MOS) 94B (Cook).  It also shows he was dishonorably discharged on 4 October 1966, after completing 11 months of creditable active military service and accruing 632 days of time lost due to being in confinement.  

4.  Item 7a (Race) and item 7b (Sex) of the applicant's DD Form 214 are blank.  Item 7c lists the applicant's hair color as blond and item 7d lists his eye color as blue.  Item 2 (Service Number) lists his proper Army service number, which was the primary identification number used during his military service.  Item 32 contains an entry listing his SSN which contains the number 8 as the fifth digit.

5.  The applicant provides a Kentucky driver's license that shows his eye color as brown and a SSN card that lists the fifth digit of his SSN as 2.  

6.  Army Regulation 635-5 (Separation Documents) Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The instructions for completing item 7 contained in the version of the regulation in effect at the time of the applicant's discharge stated to enter one of the following in item 7a:  "Caucasian," "Negroid," "Mongolian," or "Indian" (American or Malayan).  It further indicated that the entries for 7b, 7c, 7d, 7e, and 7f were self-explanatory.  The instructions for item 32 included instructions for including an entry listing the SSN.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the eye and hair color listed in item 7 of his 
DD Form 214 is incorrect was carefully considered and found to have merit.  A review of all of item 7 of the applicant's DD Form 214 reveals that there were no entries made in items 7a and 7b and that the entries in item 7c and 7d were incorrect.  As a result, it would be appropriate to add the entry "Negroid" to item 7a and the entry "Male" to item 7b.  It would also be appropriate to delete the current entries in items 7c and 7d and to replace them with the entries "black" and brown, respectively.  
2.  Since the SSN was not the primary identification number used during the applicant's military service and because the SSN card he provides confirms the fifth digit of his SSN is 2 instead of 8, as is listed in the SSN transcribed into item 32 of his DD Form 214, it would also be appropriate to correct the SSN listed in item 32 of his DD Form 214 accordingly.  

BOARD VOTE:

____x____  ___x_____  ____x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 as follows:

	a.  Item 7a - adding "Negroid";

	b.  Item 7b -  adding "Male";

	c.  Item 7c - deleting the current entry and adding the entry "Black";

	d.  Item 7d - deleting the current entry and adding the entry "Brown"; 

	e.  Item 32 - deleting the number 8 in the fifth digit of the SSN listed and adding the number "2."; and 

	f.  providing him a correction to his DD Form 214 that includes these changes. 




      _______ _   _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)                                         AR20090012678



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090012678


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001822

    Original file (20120001822.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show his race as Black American (interpreted as Negroid) and his hair as brown. The applicant's available military record shows his race as both Caucasian and Negroid. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.

  • ARMY | BCMR | CY2013 | 20130002905

    Original file (20130002905.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * his social security number (SSN) as 071-XX-XXXX * the color of his eyes as blue * his authorized awards 2. The available evidence also shows his SSN as 071-XX-XXXX. The applicant served on active duty from 28 July 1962 to 13 July 1965 during a qualifying period of service for award of the National Defense Service Medal.

  • ARMY | BCMR | CY1995 | 9508584C070209

    Original file (9508584C070209.TXT) Auto-classification: Denied

    On 19 April 1962, the applicant’s commander submitted a request recommending that the applicant be discharged under Army Regulation 635-209 for apathy, and that he be awarded a general discharge certificate. The applicant’s DD Form 214, which he signed, indicated that he was discharged on 10 May 1962, in pay grade E-1, under Army Regulation 635-209, paragraph 3b, with a general discharge certificate; that he had completed a total of 1 year, 3 months, and 27 days active military service;...

  • ARMY | BCMR | CY2014 | 20140019569

    Original file (20140019569.txt) Auto-classification: Approved

    His records contain the following: * DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 12 August 1963, which lists his DOB as "XX June 1946" and his eye color as "Hazel" * DD Form 398 (Statement of Personal History), dated 1 March 1964, which lists his DOB as "XX June 1946" and his eye color as "Hazel" * DA Form 41 (Record of Emergency Data), dated 6 July 1964, which lists his DOB as "XX June 1942" and does not list his eye color * DA Form 20 (Enlisted Qualification...

  • ARMY | BCMR | CY2013 | 20130006966

    Original file (20130006966.txt) Auto-classification: Approved

    The applicant states the SSN and race shown on his DD Form 214 are incorrect. The applicant's record contains the following documents showing his SSN as recorded on his Social Security card: * DA Form 20 (Enlisted Qualification Record), prepared and last audited by the applicant on 16 June 1967 * DA Form 2139 (Military Pay Voucher) for the period 21 July to 3 August 1968 4. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by...

  • ARMY | BCMR | CY2005 | 20050009185C070206

    Original file (20050009185C070206.doc) Auto-classification: Denied

    The applicant states, in effect, that his exposure to chemical and biological agents while deployed during the Gulf War caused Bowens Disease and has made him completely and permanently disabled. He was born on 3 October 1944 and after serving 10 years, 2 months and 28 days of active service in the Air Force, he was honorably discharged in the pay grade of E-5 on 12 May 1977 with a total of 11 years, 3 months and 16 days of service for pay purposes. While the applicant has provided...

  • ARMY | BCMR | CY2007 | 20070003015

    Original file (20070003015.txt) Auto-classification: Approved

    The evidence of record shows, at the time of the applicant’s separation from active duty, the instructions for recording entries in Item 12 (Description – Race) of the DD Form 214 state to enter the Race precisely as shown on the enlistment record filed with the Service Record. The applicant’s military Service Record is not available to the Board. As a result, the Board recommends denial of so much of the application that pertains to the applicant’s Race (i.e., being recorded as Black);...

  • AF | BCMR | CY2005 | BC-2005-00714

    Original file (BC-2005-00714.doc) Auto-classification: Denied

    The applicant was discharged effective 24 July 1970 with an under other than honorable conditions discharge. He served 3 years, 7 months, and 14 days of active duty. On 7 December 1973, the Air Force Discharge Review Board considered and denied the applicant’s request to upgrade his characterization of discharge to honorable.

  • ARMY | BCMR | CY2013 | 20130005951

    Original file (20130005951.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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 applicant's failure to timely file. There is no evidence of record available and he provided insufficient evidence...

  • AF | BCMR | CY2007 | BC-2006-03250

    Original file (BC-2006-03250.doc) Auto-classification: Denied

    RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2006-03250 INDEX CODE: 100.00 COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 20 APRIL 2008 _________________________________________________________________ APPLICANT REQUESTS THAT: His DD Form 214, “Armed Forces of the United States Report of Transfer or Discharge,” be corrected to reflect an accurate report of his Related Civilian Occupation and Dictionary of...