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. Mr. Carl W. S. Chun Director Ms. Phyllis B. Mackey Analyst The following members, a quorum, were present: Mr. James E. Anderholm Chairperson Mr. Jerome L. Pionk Member Mr. Edward E. Montgomery Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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), corrected. He also request that Item #18 (Race) be changed. 2. The applicant states, in effect, that the information pertaining to his address in Item #9 and Item #28 of his WD AGO Form 53-55 is incorrect. The county should be “Kleberg” instead of “Klayborn.” The applicant also states that Item #18 should indicate his “Race” as “White” instead of “Mex” as annotated on form. 3. The applicant provides a copy of his WD AGO Form 53-55, dated October 13, 1945, in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of an alleged error or injustice that occurred on 13 October 1945. The application submitted in this case is dated 27 June 2006. 2. 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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file. 3. The applicant’s military records show that he was inducted in the Army on 23 November 1942. He entered active service on 2 December 1942. He was awarded the military occupational specialty (MOS) 657, Ambulance Orderly. 4. The applicant was separated for “Convenience of the Government” on 13 October 1945. At the time of separation the applicant had served 2 years and 6 days Continental Service, with 10 months and 15 days of Foreign Service time. DISCUSSION AND CONCLUSIONS: 1. The evidence shows that an administrative error was made during the preparation of the applicant’s WD AGO Form 53-55. Some of the information in Item #9 and Item #28 is incorrect. 2. The War Department Technical Manual-TM-12-235, Enlisted Personnel Discharge and Release from Active Duty, dated January 1945, states that Item #18 (Race) of the induction/enlistment contract should indicate “White” or “Negro.” If other than “White” or “Negro”, specify nationality under “other.” 3. Therefore, there is no evidence of an error or injustice concerning the applicant’s request to have Item #18 changed. 4. In view of the foregoing, the applicant’s WD AGO Form 53-55 should be corrected to reflect the correct spelling of the county. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____A___ __JLP __ __EM ___ 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 changing Item #9 and Item #28 to read “Kleberg”. 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 changing Item #18 (Race) to “White”. _____James E. Anderholm_____ CHAIRPERSON INDEX CASE ID AR20060009740 SUFFIX RECON DATE BOARDED 20070206 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT PARTIAL REVIEW AUTHORITY ISSUES 1. 100.0000 ADMINISTRATIVE MATTERS 2. 3. 4. 5. 6.