IN THE CASE OF:
BOARD DATE: 19 November 2013
DOCKET NUMBER: AR20130006401
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 that the records of her deceased father, a former service member (FSM), be corrected to show his race as Negro instead of "White."
2. The applicant states that her fathers WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) incorrectly reflects his race as White instead of Negro. She goes on to state that his honorable service deserves that his records be correct and accurate for future generations who may view his records for genealogical purposes.
3. The applicant provides a copy of the FSMs WD AGO 53-55, his death certificate and a newspaper article regarding her mothers death.
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 FSM's 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 the FSM's records were lost or destroyed in that fire. However, the documents provided by the applicant are sufficient to conduct a fair and impartial review of this case.
3. The FSM was inducted on 3 February 1942 and served until he was honorably discharged on 13 November 1945 at Indiantown Gap Military Reservation in Pennsylvania.
4. His WD AGO Form 53-55 shows in block 18 that his race is White.
5. The FSMs death certificate shows his race as Black or African American.
DISCUSSION AND CONCLUSIONS:
1. It appears based on the evidence submitted by the applicant that an administrative error occurred at the time of the FSMs discharge and that the wrong box was checked to reflect that his race was White.
2. The evidence submitted by the applicant clearly shows that the FSMs race was Negro and his records should be corrected accordingly.
BOARD VOTE:
____x___ ____x___ ____x____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the entry in block 18 of his WD AGO Form 53-55 showing that his race is White and replace it with an entry showing his race as Negro.
2. The Board wants the applicant and all others to know that the sacrifices made by her late father in service to the United States during World War II are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ 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) AR20130006401
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20130006401
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080006239
The applicant requests that her husband's, a former service member (FSM), WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) with a date of 7 January 1946 be corrected to show the FSM's correct race, marital status, and citizenship. The FSM's WD AGO 53-55 shows the following entries: Item 11 (Place of Birth) - Scott, Ohio, Item 18 - an "x" indicates race as "Negro," Item 19 - an "x" indicates marital status as "Married," and Item 20 - an "x" indicates U.S. _...
ARMY | BCMR | CY2004 | 20040004165C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 May 2005 DOCKET NUMBER: AR20040004165 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Laverne V. Berry | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, his WD AGO Form 53-55 (Enlisted Record and Report of...
ARMY | BCMR | CY2006 | 20060009740
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 February 2007 DOCKET NUMBER: AR20060009740 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests, in effect, to have Item #9 (Permanent Address for Mailing Purposes) and Item #28 (County and State), of his WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge),...
ARMY | BCMR | CY2013 | 20130021372
The applicant, the daughter of a deceased former service member (FSM), requests correction of her father's WD AGO Form 53-55 (Enlisted Record and Report of Separation-Honorable Discharge) for the period ending 22 March 1947 to show his middle name and to show his rank as staff sergeant (S/SGT) instead of private first class (PFC). The available evidence shows that at the time of the FSM's discharge on 28 October 1945, his rank was PFC, which is reflected on his WD AGO Form 53-55 covering...
ARMY | BCMR | CY2009 | 20090007761
Application for correction of military records (with supporting documents provided, if any). The applicant requests in effect, that the records of her deceased father, a former service member (FSM), be corrected to show his correct last name. This Record of Proceedings along with the application and supporting documents will be filed in the FSM's NPRC record to provide clarity and to deal with any confusion that may arise regarding the difference in the last name of the FSM as it is listed...
ARMY | BCMR | CY2005 | 20050002381C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center in 1973. DISCUSSION AND CONCLUSIONS: The applicant provides sufficient evidence to show the FSM was born on 21 December 1923.
ARMY | BCMR | CY2008 | 20080016632
The applicant requests, in effect, correction to the WD AGO Form 53-55 (Enlisted Record and Report of Separation - Honorable Discharge), Item 34 (Wounds Received in Action), of her late father, a former service member (FSM). The available military records show that the FSM was inducted into the Army of the United States, in pay grade E-1, on 27 December 1943 and entered on active duty on the same day. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2008 | 20080017668
Application for correction of military records (with supporting documents provided, if any). The FSMs military record is not available to the Board for review. This is further verified by the name entry for the FSM on the applicant's birth certificate, which also reflects the middle initial "K." Therefore, it appears the middle initial "H" in Item 1 of the FSM's WD AGO Form 53-5 was entered as a result of an administrative error in the preparation of the document, and it would be...
ARMY | BCMR | CY2013 | 20130004481
Application for correction of military records (with supporting documents provided, if any). The applicant, the spouse of a deceased former service member (FSM), requests correction of the FSM's records to show the spelling of his last name as "VAUGHN." 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...
ARMY | BCMR | CY2013 | 20130011747
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show his race as "Native American." As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 18 of his WD AGO Form 53-55 as follows: * deleting the "X" in the "White" block * placing an "X" in the...