IN THE CASE OF:
BOARD DATE: 29 June 2010
DOCKET NUMBER: AR20090021865
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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his race as "Native American" instead of "Caucasian."
2. The applicant states he was born a Native American and he is an enrolled member of the Stockbridge-Munsee Tribe.
3. The applicant provides copies of his DD Forms 214, dated 12 April 1957 and 9 February 1962; a copy of his Tribal Enrollment Card; a copy of his DA Form 24 (Service Record); a copy of his DA Form 20 (Enlisted Qualification Record); and copies of various medical/health records.
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. Prior to his enlistment in the Regular Army (RA), the applicant underwent a medical examination on 12 April 1955 at the Armed Forces Induction and Examining Station, Milwaukee, WI. Item 8 (Race) of his Standard Form 88 (Report of Medical Examination) listed his race as "Caucasian."
3. The applicant's records show he enlisted in the RA on 26 April 1955. His DD Form 4 (Enlistment Record - United States) listed his race as "Caucasian." He authenticated this form and allied documents by placing his initials and/or signature in the appropriate places.
4. Item 9 (Race) of his DA Form 20, which was created upon his enlistment, listed his race as "Caucasian."
5. He was honorably released from active duty on 12 April 1957 and he was transferred to the U.S. Army Reserve (USAR) Control Group for completion of his Reserve obligation. Item 7a (Race) of his DD Form 214 listed his race as "Caucasian." He authenticated this form by placing his signature in item 34 (Signature of Person being Transferred or Discharged).
6. On 18 October 1961, he was ordered to active duty from the USAR and served at Fort Monmouth, NJ.
7. He was honorably released from active duty on 9 February 1962 to the control of the USAR. Item 7a of his DD Form 214 for this period also listed his race as "Caucasian." He also authenticated this form by placing his signature in item 34.
8. His records contain medical and dental documents that listed his race as "Caucasian." None listed his race as "Native American."
9. He submitted a copy of an enrollment card that shows he is enrolled in the Stockbridge-Munsee Tribe.
10. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation directs that the purpose of the separation document is to provide the individual with documentary evidence of his or her military service. It is important that information entered on the form should be complete and accurate.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant's race was listed as "Caucasian" upon his enlistment in the RA and on all official military records, where applicable, throughout his military service. He authenticated several forms that contain this race. He did not list or use the requested race during his military service.
2. For historical purposes, the Army has an interest in maintaining the accuracy of its records. In this regard, the information contained therein should reflect the conditions/circumstances that existed at the time the records were created and under which the military service was performed. Therefore, lacking convincing independent and verifiable evidence to the contrary, it is presumed that his military service records, including the DD Form 214, were correct at the time and there is an insufficient evidentiary basis for changing his race.
3. Nevertheless, a copy of this decisional document, along with the application and supporting documents, will be filed in his service record in order to provide clarity and to deal with any confusion that might arise regarding the difference in the race he claims is correct. Filing the Board's decisional document will also guarantee the historical accuracy of the applicant's military record regarding the race under which he served.
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) AR20090021865
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