IN THE CASE OF:  

	BOARD DATE:  27 February 2014

	DOCKET NUMBER:  AR20130011747 


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 WD AGO Form 53-55 (Enlisted Record and Report of Separation, Honorable Discharge) to show his race as "Native American."

2.  The applicant states that he is a Seminole/Creek Indian enrolled in the Seminole Tribe.  He never had to use his discharge papers.  His daughter noticed the mistake and thought it should be corrected.

3.  The applicant provides copies of:

* his WD AGO Form 53-55
* Seminole Nation Tribal Membership Card
* Oklahoma Health Care Authority Medical Identification Card
* Medicare Insurance Card
* U.S. Department of Indian Affairs Certificate of Degree of Indian Blood
* Oklahoma Driver License
* True American Indian Identification Card
* American Association of Retired Persons (AARP) MedicareRx Plan Card

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 personnel records were not available and may have been lost or destroyed in a fire at the National Personnel Records Center in 1973.  The only records available to the Board are a copy of his War Department Form 372 A (Final Payment - Worksheet) and the WD AGO Form 53-55 provided by the applicant.  

3.  The WD AGO Form 53-55 shows he was inducted into the Army of the United States on 25 February 1943 and was later separated on 24 November 1945.  Item 18 (Race) of this form has an "X" in the "White" block.  

4.  The Final Payment - Work Sheet does not show his race.

5.  He provides copies of a Seminole Nation Tribal Membership Card, Bureau of Indian Affairs Certificate of Indian Blood Card (Seminole/Creek Tribe), and a True American Indian Identification Card.

DISCUSSION AND CONCLUSIONS:

The applicant's has provided sufficient evidence to show his race is Native American.  Item 18 of his WD AGO Form 53-55 should contain an "X" in the "Other" block along with the entry "Native American."

BOARD VOTE:

____X____  ___X_____  ____X____  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 amending item 18 of his WD AGO Form 53-55 as follows:

* deleting the "X" in the "White" block
* placing an "X" in the "Other" block along with the entry "Native American" 



      _____________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)                                         AR20080006239



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ABCMR Record of Proceedings (cont)                                         AR20130011747



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