IN THE CASE OF:
BOARD DATE: 12 July 2011
DOCKET NUMBER: AR20110000663
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:
a. he is a member of the Tohono O'odham Nation;
b. as a small business owner, he is trying to do business as a native American business owner; and
c. government guidelines or contracting offices demand accuracy for all small business administration project paperwork.
3. The applicant provides a copy of his:
* DD Form 214
* Enrollment card of the Tohono O'odham Nation
* Arizona Driver 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 applicant's military record contains a Standard Form (SF) 88 (Report of Medical Examination) prepared during his enlistment processing that shows he underwent a medical examination for entry into the Regular Army (RA) on 24 September 1957. Item 8 (Race) of this document contains the entry "Cauc," indicating his race as "Caucasian."
3. His records show he enlisted in the Regular Army (RA) on 30 September 1957. Item 4 (Race) of his DD Form 4 (Enlistment Record - Armed Forces of the 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 July 1960 and he was transferred to the U.S. Army Reserve (USAR) to complete his Reserve obligation. Item 7a (Race) of his DD Form 214 shows his race as "Caucasian." He authenticated this form by placing his signature in item 34 (Signature of Person being Transferred or Discharged).
6. His records contain medical and dental documents that show his race as "Caucasian." No available official documents show his race as "Native American."
7. 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. The data and information contained in those records should reflect the conditions and circumstances that existed at the time the records were created. In the absence of a showing of material error or injustice, there is a reluctance to recommend that those records be changed. While it is understandable the applicant desires to now record his race as "Native American" in his military records, there is not a sufficiently compelling reason for compromising the integrity of the Armys records at this late date.
3. The applicant is advised that a copy of this decisional document along with his application and the supporting evidence he provided, which show he is a member of the Tohono O'odham Nation, will be filed in his Official Military Personnel File (OMPF). This should serve to clarify any questions or confusion in regard to the difference in the race recorded in his military record and to satisfy his desire to have his race as a "Native American" documented in his OMPF.
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.
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