BOARD DATE:	  11 October 2011

		DOCKET NUMBER:  AR20110008299 


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 reflect his new legally changed name and to correct his race to reflect he is a “Moorish-American.”

2.  The applicant states, in effect, that he refused induction because he was being inducted in the race of “Negro” and he was initially incarcerated until a compromise could be reached.  He now desires correction of his DD Form 214 to reflect his new legal name as “W---d E-----u B-y."

3.  The applicant provides a two-page addendum explaining his application and an addendum containing his list of exhibits.

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 records are not available for review.  A fire destroyed approximately 18 million service members' records at the NPRC in 1973.  It is believed the applicant's records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record to conduct a fair and impartial review of this case.

3.  The applicant was born in Baltimore, MD on 3 May 1932 of parents whose race was listed as "black" on his birth certificate.  His parents were born in North Carolina.

4.  The applicant was inducted into the Army of the United States in Baltimore, MD on 26 March 1954 under the last name, first name, and middle name of 
W--------n-B-y, W-----m A----r.  He completed his training at Fort Jackson, SC and he was transferred to Fort Lee, VA on 19 August 1954.

5.  On 11 April 1955, he was transferred to Germany where he remained until 21 February 1956, when he was transferred to Fort Dix, NJ.  On 8 March 1956, he was honorably released from active duty (REFRAD) as an overseas returnee.
The DD Form 214 he was issued at the time of his REFRAD shows in:

* Item 1 (Last Name – First Name – Middle Name) the entry "W--------n-B-y,
W-----m A----r"
* Item 12 (Description) under "Race" the entry "NEG” (Negro)

6.  The applicant provided an amended birth certificate that reflects his name was changed to “W---d E-----u-B-y" by court order on 19 April 1968.

7.  The official races used in Army Recordskeeping during the period the applicant served and which were authorized for entry on the DD Form 214 were Caucasian (CAU), Negroid (NEG), Mongolian (MON), and Indian (IND).

8.  Army Regulation 635-5 serves as the authority for the preparation of the
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation.  Changes that occur subsequent to the date of separation will not be entered on that form retroactively unless the change occurred during the period covered by that form and the change was approved by the appropriate authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was inducted and served his entire period of service under the name of “W-----m A----r W--------n-B-y" and his record properly reflects such.

2.  There is no evidence in the available records to show that the applicant is of Moorish-American descent.  However, at the time the applicant served there was no provision for entering the race of “Moorish American” in Army records.

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.  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 new name and race on his DD Form 214, there is not a sufficiently compelling reason for compromising the integrity of the Army’s records at this late date.

4.  The applicant is advised that a copy of this decisional document will be filed in his reconstructed record.  This should serve to clarify any questions or confusion in regard to the difference in the name and race recorded in his military record and to satisfy his desire to have his legal name and race documented in his official record.  Accordingly, there is no basis for granting the applicant’s requested relief.

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)                                         AR20110008299



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ABCMR Record of Proceedings (cont)                                         AR20110008299



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