IN THE CASE OF:	  

		BOARD DATE:	        29 JULY 2008

		DOCKET NUMBER:  AR20080009830 


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, that his military records be corrected to show that his race is white instead of black or African American. 

2.  The applicant essentially states that item 7a (Racial Category) of his DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States) has "Black or African American" checked, when in fact "White" should be checked.

3.  The applicant provides two copies of his DD Form 1966/1, his Enlisted Record Brief, a photocopy of his military identification card, certified copies of his birth certificate and marriage certificate, and the Army Board for Correction of Military Records (ABCMR) Applicant's Guide to Applying to the ABCMR in support of this application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently an enlisted Soldier on active duty in the Regular Army.

2.  Item 7a of the applicant's DD Form 1966/1 essentially shows that his racial category is black or African American.  However, two Police Record Check forms in his military records clearly show that his racial category was white.  The applicant provided a photocopy of his military identification card which shows that he is white, and also his marriage certificate which lists his race as white. 

3.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that his race is white instead of black or African American. 

2.  With the exception of the applicant's DD Form 1966/1, the preponderance of the evidence clearly shows that his race is white, and not black or African American.  As a result, it would be appropriate at this time to correct his military records to show that his race is white and/or Caucasian.

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 showing that his racial category is white and/or Caucasian.




      ___        XXX                ___
                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)                                         AR20080009830



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ABCMR Record of Proceedings (cont)                                         AR20080009830



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