BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002210
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 Hispanic or Latino and to show he was awarded or authorized the Korea Defense Service Medal (KDSM).
2. The applicant states these items were omitted from his DD Form 214 due to the negative prevailing attitudes that existed in the 1950s and 1960s toward people of Hispanic heritage. He further contends it's possible the omissions resulted from a simple error or oversight.
3. The applicant provides his DD Form 214 in support of his request.
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 was inducted into the Army of the United States on 12 December 1962. His DD Form 47 (Record of Induction) identifies him as a non-U.S. citizen, born in Mexico and residing in the State of Texas; however, it does not identify him by his race.
3. He entered active duty, completed his initial entry training, and was awarded military occupational specialty 943.10 (Bread Baker). The highest rank/grade he attained while serving on active duty was private first class (PFC)/E-3.
4. Section 5 (Service Outside Continental United States (CONUS)) of his DA Form 24 (Service Record) shows he served in the Republic of Korea from on or about 19 December 1963 through on or about 1 December 1964.
5. On 1 December 1964, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR). His DD Form 214 shows the following:
* Item 7a (Race) contains the entry "NA"
* Item 24b (Statement of Service - Total Active Service) shows he was credited with completing 1 year, 11 months, and 20 days of total active service during this period of active duty
* Item 24c (Foreign and/or Sea Service) shows he was credited with completing 1 year and 2 days of foreign service in USARPAC [U.S. Army Pacific] Theater of Operations
* Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) does not show he was previously awarded or authorized the KDSM
6. 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. The version in effect at the time of his release from active duty stated that item 7a was used to show the separating Soldier's race, displayed as Caucasian, Mongolian, Negroid, or Indian (American or Malayan).
7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.
a. The KDSM is authorized by section 543 of the National Defense Authorization Act of 2003. It is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
b. The National Defense Service Medal (NDSM) is awarded for honorable active service for any period between 1 January 1961 through 14 August 1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a date to be determined.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to show his race as Hispanic or Latino and to show he was awarded or authorized the KDSM was carefully considered.
2. His record confirms he completed an assignment in the Republic of Korea. Based on this service, he is entitled to the KDSM and correction of his DD Form 214 to show this award.
3. Additionally, his service on active duty during this timeframe qualifies him for award of the NDSM. Accordingly, he is also entitled to correction of his DD Form 214 to show this award.
4. With respect to the classification of his race on his DD Form 214, the governing Army regulation provides for a Soldier's racial classification in one of four distinct categories: Caucasian, Mongolian, Negroid, or Indian (American or Malayan). The applicant contends he should be classified as Hispanic or Latino; however, those terms refer to a member's ethnicity and are not recognized racial groups. Therefore, there is an insufficient basis to grant this portion of the applicant's 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 amending item 26 of his DD Form 214 to add the KDSM and the NDSM.
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 amending item 7a of his DD Form 214 to show his race as Hispanic or Latino.
__________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) AR20080016060
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ABCMR Record of Proceedings (cont) AR20130002210
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