IN THE CASE OF:	  

		BOARD DATE:	  23 July 2015

		DOCKET NUMBER:  AR20140019159 


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) for the period ending 26 August 1957 to show his:

* Last name spelled as "G----E" instead of "G---N"
* Date of Entry as 12 November 1954
* Race as American Indian
* Home of Record as Warwick, RI not West Warwick, RI

2.  The applicant states his military records have many erroneous entries which have caused much grief for him and his family.  He claims he tried numerous times to correct the error while with his recruiting sergeant and while on active duty without success.  He further states his mother was Irish and his father was American Indian.  They could only pick one race at the time; however, by law he is American Indian which is shown on his birth certificate as "IND."

3.  The applicant provides:

* DD Form 214
* a self-authored statement
* Certificate of Birth
* National Archives and Records Administration (NA) Form 13038 (Certification of Military Service)
* NA Form 13079 (Verification of Military Service)
* Certificate of Achievement
* Letter of Appreciation
* Several photographs and newspaper clippings
* Letters, commencement information, and a biography

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 to the ABCMR for review.  A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973.  It is believed that the applicant's records were lost or destroyed in that fire.  This case is being considered using his DD Form 214 and a document retrieved from the NPRC.

3.  The applicant's DD Form 214 shows after 1 year, 10 months, and 21 days of service, he reenlisted in the Regular Army (RA) for a term of 3 years on               3 October 1956.  This form further shows in:

* Item 1 (Last Name - First Name - Middle Name) the last name "G---N"
* Item 7 (Race) the entry "CAU" (which stands for Caucasian)
* Item 19c (Date of Entry) the entry "3 OCT 56"
* Item 23 (Home of Record at the Time of Entry into Active Service) the entry "40 ARLES ST WEST WARWICK RHODE ISLAND (PROVIDENCE)"

4.  Special Orders Number 236, issued by Headquarters, U.S. Army Personnel Center Fort Dix, Fort Dix, NJ, dated 24 August 1957, discharged the applicant   on 26 August 1957 with award of the Army Good Conduct Medal.  The home of record listed on the order is "40 Arlee St., Warwick, RI."  His last name is reflected as "G---N."

5.  He was honorably discharged on 26 August 1957.  He was credited with completing 2 years, 9 months, and 15 days of total active service with 10 months and 19 days foreign service.

6.  The applicant provides:

   a.  Rhode Island Public Health Commission Certificate of Birth, issued           19 June 1995.  The applicant's last name, color, and race have been altered to reflect the applicant's claim.  For instance, "Red" is used to mean "Indian."

   b.  An NA Form 13038 which shows the applicant was a member of the Regular Army from 3 October 1956 to 26 August 1957.  His last name appears on this document as "G----E."

   c.  A Certificate of Achievement and Letter of Appreciation presented to the applicant on 2 April 1955 and 1 August 1956, respectively.  His last name is reflected on both documents as "G---N."

   d.  Newspaper clippings, photographs, and assorted documents which predominantly show the applicant's last name listed as "G---N" during his service; however, there are instances subsequent to his service which list the spelling of his last name and race as he requests. 

7.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form be complete and accurate, and that it reflects the conditions as they existed at the time of separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected to show his:

* Last name spelled as "G----E" instead of "G---N"
* Date of Entry as 12 November 1954
* Race as American Indian
* Home of Record as Warwick, RI not West Warwick, RI

2.  The evidence of record shows after 1 year, 10 months, and 21 days of prior service, he reenlisted in the RA for a term of 3 years on 3 October 1956.  The spelling of his last name used on his initial enlistment and reenlistment document is unknown.  The spelling of the last name he used throughout his period of military service during his second term is consistently recorded as "G---N."  It is not unreasonable to presume the last name and race shown on his DD Form 214 issued on 26 August 1957 is the same last name and race that was used to identify him throughout his period of military service.  This reasoning is strengthened by Special Orders Number 236 which also lists his name as 
"G---N."

3.  At the time of his service, Army policy required the issuance of a DD Form 214 for each period of active duty service.  Unfortunately, the DD Form 214 which captured his 1 year, 10 months, and 21 days of prior service is not filed in his record maintained at the NPRC.  Based on the NPRC fire in 1973, it is presumed burned.  In light of the foregoing, there is no requirement to change his date of entry on his 26 August 1957 DD Form 214 as he requests. 

4.  Special Orders Number 236 lists the applicant's home of record as "40 Arlee St., Warwick, RI."  It is reasonable to presume this information was authenticated at the time of his enlistment; therefore, it would be appropriate to correct item 23 of his DD Form 214 to show his home of record as "40 Arlee St., Warwick, RI."

5.  For historical purposes, the Army has an interest in maintaining the integrity 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 a different race and spelling of his last name for identification purposes, there is not a sufficiently compelling reason for compromising the integrity of the Army's records at this late date.

6.  The applicant is advised that a copy of this decisional document 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 spelling of his last name and his race in his military record and to satisfy his desire to have the current spelling of his last name and race shown in the OMPF.



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 his 26 August 1957 DD Form 214 to show his home of record as "40 Arlee St., Warwick, RI."

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 correcting his DD Form 214 to show his last name spelled as "G----E", his date of entry as 12 November 1954, and his race as American Indian.  




      _______ _  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)                                         AR20140019159





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ABCMR Record of Proceedings (cont)                                         AR20140019159



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