ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	I 

	BOARD DATE:  9 April 2019

	DOCKET NUMBER:  AR20160014628


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Armed Forces of 
the United States Report of Transfer or Discharge) to show his:

*	Middle Name as "X" instead of "X"
*	Race as Japanese instead of Mongolian
*	Foreign Service as 1 year, 10 months and 12 days
*	Social Security Account Number (SSAN) as "XXX-XX-XXXX" instead of        
"XXX-XX-XXXX"

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Eligibility
*	DD Form 214
*	Social Security Card

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The Board will consider only the portions of the applicant's request that pertain to the 
spelling of his middle name, his race, and his foreign service.  

3.  The applicant enlisted in the Regular Army on 27 July 1960.

4.  There is no evidence in his available military personnel records, which lists his 
middle name with the spelling he requests.  

5.  There is no evidence in his available military personnel records, which lists his race 
as Japanese.  The records at the time listed his race as Mongolian.
6.  The applicant's DA Form 20 (Enlisted Qualification Record) contains the following 
information:

     a.  Item 29 (Foreign Service) does not show he served in; however, it does show that 
he served in Korea from 6 January 1961 to 2 May 1962 (1 year, 3 months and 27 days) 
and credits him with the completion of 1 year and 4 months of service in Korea.

7.  Item 33 (Record of Assignments) of his DA Form 20 shows:

     a.  He served overseas with the following units:

*	Headquarters Company, 802nd Engineer Battalion (Construction) beginning 
  27 January 1961
*	Company A, 802nd Engineer Battalion (Construction), Korea, beginning
  6 February 1962
*	Company C, 65th Engineer Battalion, HI, beginning 2 May 1962

     b.  He was assigned to Hawaii from on or about 2 May 1962 until his discharge date.

8.  The applicant was honorably released from active duty at the expiration of his term 
of service on 26 July 1963.  His last duty assignment was with Company C, 65th 
Engineer Battalion in Hawaii.  Item 24c (Foreign and/or Sea Service) shows he 
completed 7 months and 12 days of foreign service in Thailand.

9.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the 
standardized policy for preparing and distributing the DD Form 214.  The regulation 
stated:

     a.  For item 7a (Race) enter "Caucasian," "Negroid," Mongolian," "Indian (American 
or Malayan)."  This information will be taken from the DA Form 20 or enlistment record 
as appropriate.  

     b.  For item 24c (Foreign and/or Sea Service) enter the total active duty service 
performed outside the limits of the Continental United States for the period covered by 
the DD Form 214 and the last overseas theater service was performed, e.g. 
(USAREUR).

     c.  For item 32 (Remarks) transcribe the Social Security Account Number from the 
DA Form 20 in the following manner:  "SSAN XXX-XX-XXXX."

10.  The Department of Defense currently uses the following race indicators:

*	American Indian or Alaskan Native (AIAN) 
*	Asian 
*	Black or African American 
*	Native Hawaiian or Other Pacific Islander (NHPI) 
*	White 

11.  Army Regulation 655-8 (Separation Processing and Documents), paragraph 5-6 
provides detailed instructions for data required in each block of the DD Form 214 
currently in use.  This paragraph does not include any instructions for entering race, as 
the DD Form 214 no longer includes a block for entering this information.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined that there is 
sufficient evidence to grant partial relief.  

1.  Middle Name:  The Board found that there is insufficient evidence to grant relief 
regarding the middle name. The applicant’s records indicate that he used the middle 
name “X” and there is no evidence that he ever use the middle name “X.”

2.  Foreign Service:  Evidence indicates that the applicant did serve in Korea and this 
was not reflected on the applicant’s DD Form 214.  The applicant served in Korea for 1 
year and 4 months.  There is no evidence in the applicant’s record that he served in 
Thailand.  Therefore, item 24c on the DD Form 214 is incorrect.

3.  Race:  The board found that there was insufficient evidence to grant relief.  There 
was no administrative irregularity in using “Mongolian” for the time period of the 
applicant’s DD Form 214 and current regulatory guidance regarding race does not offer 
“Japanese” as an option.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

: X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

In addition to the administrative notes annotated by the Analyst of Record (below the 
signature), the Board determined the evidence presented is 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 DD Form 214 by:

item 24c (Foreign and/or Sea Service):  Deleting “Thailand, 0 years, 7 months, 12 days” 
and adding “Korea, 1 year, 3 months, 27 days”

	  
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.


ADMINISTRATIVE NOTE(S):

1.  The applicant provides a copy of his social security card that shows his SSN as 
"XXX-XX-XX1X" instead of "XXX-XX-XX5X."

2.  Therefore, his social security card is sufficient to substantiate correction of his 
DD Form 214, without action by the Board by deleting his SSAN in item 32 (Remarks), 
and adding the SSN as listed on his social security card as "XXX-XX-XX1X." 

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  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.  This regulation provided for the following entries:

     a.  For item 7a (Race) enter "Caucasian," "Negroid," Mongolian," "Indian (American 
or Malayan)."  This information will be taken from the DA Form 20 or enlistment record 
as appropriate.  

     b.  For item 24c (Foreign and/or Sea Service) enter the total active duty service 
performed outside the limits of the Continental United States for the period covered by 
the DD Form 214 and the last overseas theater service was performed, e.g. 
(USAREUR).

     c.  For item 32 (Remarks) transcribe the Social Security Account Number from the 
DA Form 20 in the following manner:  "SSAN 000-00-0000."

3.  On 30 October 1997, the Office of Management and Budget (OMB) published 
"Standards for Maintaining, Collecting, and Presenting Federal Data on Race and 
Ethnicity."  These new standards motivated a change in the way the Department of 
Defense (DOD) reported demographic information on members of the armed services.  
Since 2003, when information on race has been collected, individuals have been asked 
to choose one or more of the following race categories 

*	American Indian or Alaskan Native (AIAN) 
*	Asian 
*	Black or African American 
*	Native Hawaiian or Other Pacific Islander (NHPI) 
*	White 

4.  Army Regulation 655-8 (Separation Processing and Documents) prescribes policy 
and procedural guidance relating to transition management.  It consolidates the 
policies, principles of support, and standards of service regarding processing personnel 
for transition and explains separation document preparation, distribution, and 
correction.  Paragraph 5-6 of this regulation provides detailed instructions for data 
required in each block of the DD Form 214.  This paragraph does not include any 
instructions for entering race, as the DD Form 214 no longer includes a block for 
entering this information.

ABCMR Record of Proceedings (cont)	 AR20160014628

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