IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100023875 


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 name and race shown on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) with an effective date of 13 April 1964.

2.  The applicant states he is not Negroid, he is American Indian/African American.  His name should be shown as ALLAN M.H. G____, Sr., instead of ALLEN M____ G____.  In addition, he believes he is due a foreign service medal because he spent more than 90 days in a foreign land.

3.  The applicant provides his DD Form 214.

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.  He was inducted into the Army of the United States on 21 June 1962.  His DD Form 47 (Record of Induction) shows his name as ALLAN M____ G____.  His race is not shown on the DD Form 47.

3.  On 24 August 1962, he was honorably discharged to enlist in the Regular Army.  His DD Form 214 with an effective date of 24 August 1962 shows his name as ALLAN M____ G____.  His race is shown as Negroid.

4.  On 25 August 1962, he enlisted in the Regular Army.  His DD Form 4 (Enlistment Record – Armed Forces of the United States) shows his name as ALLAN M____ G____.  His race is shown as Negroid.

5.  He was assigned to the 77th Ordnance Company (General Automotive Support (GAS)) from 13 December 1963 to 27 December 1964 in Germany.

6.  On 13 April 1964, he was discharged by reason of a disability that existed prior to service.  His DD Form 214 with an effective date of 13 April 1964 shows his name as ALLEN M____ G____ and his race is shown as Negroid.

7.  Documents throughout his available military personnel records identify him as ALLAN M____ G____ or as ALLAN M. G____.  His signature appears as ALLAN M____ G____ or as ALLAN M. G____.

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Vietnam Conflict.  This pamphlet shows that during the time of the applicant's assignment to the 77th Ordnance Company (GAS) the unit did not receive any unit awards.

9.  Army Regulation 600-8-22 (Military Awards) does not provide for an award based on completion of 90 days of overseas service.

10.  Army Regulation 635-5 (Separation Documents), then in effect, stated the entry for item 7a (Race) would be taken from enlistment records.  The requirement for entering race on the DD Form 214 ended effective 23 January 1967.

DISCUSSION AND CONCLUSIONS:

1.  His DD Form 47, DD Form 214 with an effective date of 24 August 1962, DD Form 4, and additional military personnel records show his name as ALLAN M____ G____ or as ALLAN M. G____.  Therefore, it is appropriate to change the spelling of his first name on his DD Form 214 with an effective date of 13 April 1964 to read ALLAN instead of ALLEN.  However, there is an insufficient basis to make further changes to his name in his military records.

2.  His DD Form 47 and DD Form 4 state his race as Negroid.  Entries for race on his DD Forms 214 were taken from his enlistment documents which show his race as Negroid.  Therefore, the entries in item 7a of both of his DD Forms 214 appear to be correct.

3.  For historical purposes, the Army has an interest in maintaining the accuracy of its records.  The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created.  While it is understandable the applicant desires to now record his race differently in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

4.  There is no record of the 77th Ordnance Company (GAS) receiving a unit award during the period he was assigned to that unit.  There are no awards for serving over 90 days overseas.  Therefore, there is no basis for a foreign service medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 showing his first name as ALLAN on his DD Form 214 with an effective date of 13 April 1964.

2.  The Board further determined 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 any further changes to his name and his race or award for foreign service.



      ____________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)                                         AR20100023875



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ABCMR Record of Proceedings (cont)                                         AR20100023875



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