ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 

RECORD OF PROCEEDINGS 


IN THE CASE OF:  

BOARD DATE:  19 September 2019 

DOCKET NUMBER:  AR20170009965 


APPLICANT REQUESTS:  his race and social security number be changed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.DD Form 214 Social Security Card

.Certificate of Birth



FACTS: 

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

2.The applicant states his race is listed as Malayan on his DD Form 214 and it shouldstate Hawaiian Portuguese.  His social security number is also wrong on his DD Form214.

3.The applicant provides:

a.A copy of his DD Form 214, for the period ending 7 August 1959.

b.A copy of his social security card, which shows his social security number as xxx--xxxx.

c.A copy of his certificate of birth, which list his father’s race as Hawaiian-Portuguese and his mother’s race as Chinese-Hawaiian. 

d.A Copy of his honorable discharge certificate, dated 31 December 1961.

4.A review of the applicant’s service record shows:

a.  He was inducted into the Army of the United States on 9 August 1957. 
 
b.  His DD Form 4 (Enlistment/Reenlistment) and his DA Form 20 (Enlisted Qualification Record) are not available for the Board to review. 
 
c.  He was honorably discharged on 7 August 1959. 
 
d.  His DD Form 214 shows his race as Malayan and his social security number as xxx--xxxx. 
 
5.  The DD Form 214 is a summary of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active and prior inactive duty service at the time of release from active duty, retirement or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.  The ABCMR limits corrective action to documents that can be individually reviewed after a Soldier’s separation, such as the DD Form 214. 
 
BOARD DISCUSSION: 
 
After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that the SSN used throughout the military service of the applicant was properly reflected on the DD Form 214.  The SSN card provided as evidence was issued in 2013 and the applicant failed to provide any justification for a possible change in SSN.  Therefore, the Board concluded there was insufficient evidence of an error or injustice related to the applicant’s SSN. 
 
Additionally, the Board found that the race “Malayan” was the properly race used at the time of publication of the DD Form 214 and therefore, no change was warranted. 
 
BOARD VOTE: 
Mbr 1 Mbr 2 Mbr 3 
 
: : : GRANT FULL RELIEF 
 
: : : GRANT PARTIAL RELIEF 
 
: : : GRANT FORMAL HEARING 
 
:KAM :DJG :BS DENY APPLICATION 
 
 
BOARD DETERMINATION/RECOMMENDATION: 

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 
XKevin A. MaiselCHAIRPERSONSigned by: MAISEL.KEVIN.A.12125450

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. 

REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords 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 oflimitations if the ABCMR determines it would be in the interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed theseparation documents that must be prepared for Soldiers upon retirement, discharge, orrelease from active duty service or control of the Active Army.  It establishedstandardized policy for preparing and distributing the DD Form 214.  The generalinstructions stated all available records would be used as a basis for preparation of theDD Form 214.