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 father’s 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 FSM’s WD AGO 53-55, his death certificate and a newspaper article regarding her mother’s 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 FSM’s 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 FSM’s 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 FSM’s 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