IN THE CASE OF:
BOARD DATE: 8 May 2012
DOCKET NUMBER: AR20120001822
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 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.
2. The applicant states his DD Form 214 is incorrect because he is fair-skinned and he was mistaken for white (Caucasian).
3. The applicant provides a medical report and a copy of his driver's 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 complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. It is believed his 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 inducted into the Army of the United States on 24 February 1954. Item 25 (Race) of his DD Form 47 (Record of Induction) is rubber-stamped with the word "Caucasian."
4. His reconstructed record contains documents that show his race as both, "CAU" (Caucasian) and "NEG" (Negroid). His hair color is not indentified in any of his available military records.
5. He was honorably released from active duty on 23 February 1956. Item 12 (Description) of his DD Form 214 shows his race as "Caucasian" and his hair color as "Blond."
6. He provided a medical record, dated 11 January 2006, that shows his race as black. He also provided a copy of his driver's license; however, it does not indentify his race or hair color. His photograph is poor and indescribable.
7. The official races used in Army recordkeeping during the period the applicant served and which were authorized for entry on the DD Form 214 were:
* Caucasian (CAU)
* Negroid (NEG)
* Mongolian (MON)
* Indian (IND)
8. Army Regulation 635-5 (Separations Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant's available military record shows his race as both Caucasian and Negroid. He provided a medical record that shows his race as black. Therefore, it would be appropriate to correct his DD Form 214 to show his race as Negroid.
2. There is no evidence in his reconstructed records showing his hair color as brown. In addition, the entry "Black American" was not an authorized entry on the DD Form 214 to describe a Soldier's race at the time of his release from active duty. Therefore, there is no basis for granting these portions of his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was 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 deleting from item 12 of his DD Form 214 the entry "Cau" and replacing it with the entry "NEG."
2. The Board further determined that 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 amending his DD Form 214 to show his race as Black American and to show his hair color as brown.
__________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) AR20120001822
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ABCMR Record of Proceedings (cont) AR20120001822
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