ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  5 September 2019

	DOCKET NUMBER:  AR20170011776


APPLICANT REQUESTS: her deceased husband’s, a former service member, race 
corrected on documents from Negroid to Caucasian.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Cover letter from Columbiana County Veterans Service Commission
*	2 copies Standard Form (SF) 88 (Report of Medical Examination) 
*	DD Form 4 (Enlistment Record – Armed Forces of the United States)
*	DD Form 214 (Armed Forces of the United States Report of Transfer or 
Discharge)
*	Ohio Department of Health Certificate of Death

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 applicant’s widow states her now deceased husband’s race is not consistent in 
his official military personnel file (OMPF).  His race is listed as both Caucasian and 
Negroid.  The Veteran, her husband, was Caucasian. 

3.  The former service member’s widow provides:

a.  A cover letter from the Columbiana County Veterans Service Commission,
Lisbon, OH, that shows the supporting documents submitted for Board consideration.

b.  Two copies of a Standard Form (SF) 88, dated 25 April 1966 that shows, the
former service member’s race as Negroid in block 8 (Race).



c.  DD Form 4 that shows:

*	block 2 (Service Number): RA1X XXX XXX 
*	block 4 (Race): Caucasian
*	block 8 (Date Enlisted): 16 May 1966

d.  An Ohio Department of Health Certificate of Death, that shows:

*	block 3 (Date of Death): XX MAY XXXX
*	block 14 (Deceased’s Race): Caucasian

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

a.  He enlisted in the Regular Army on 16 May 1966.  

	b.  His service record contains a DA Form 428 (Application for Identification Card) 
dated 19 May 1966, that shows in block 9 (Service Number): RA1X XXX XXX with a 
Caucasian identification picture attached.

	c.  His service records also contains a DA Form 20 (Enlisted Qualification Record) 
that shows his name and Service Number, and his race as Caucasian.

	d.  He was honorably released from active duty on 15 May 1969.  The version of his 
DD Form 214 at the time did not list a Soldier's race. 

5.  Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application.  The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

6.  The ABCMR limits corrective action to documents that can be individually reviewed 
after a Soldier's separation, such as the DD Form 214.  Additionally, for historical 
purposes, the Army has an interest in maintaining the integrity of its records.  The data 
and information contained in those records should reflect the conditions and 
circumstances that existed at the time the records were created.  When there is a 
material error in a military record that is now obsolete, a memorandum may be attached 
to an obsolete form to make such correction. 



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  After reviewing the DD Form 214 of the applicant, the Board 
concluded there was no race reflected on the DD Form 214 for that period of service.  
The record does have consistent evidence he was Caucasian; therefore, the Board 
found no evidence of an error or injustice which would warrant a change to the FSM’s 
record.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	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.
	  
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 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 (AR) 15-185 (ABCMR) prescribes the policies and procedures for 
correction of military records by the Secretary of the Army, acting through the ABCMR.  
The ABCMR begins its consideration of each case with the presumption of 
administrative regularity, which is that what the Army did was correct.  The ABCMR is 
not an investigative body and decides cases based on the evidence that is presented in 
the military records provided and the independent evidence submitted with the 
application.  The applicant has the burden of proving an error or injustice by a 
preponderance of the evidence.  

3.  AR 635-5 (Separation Documents), in effect at the time, prescribed the separation 
documents prepared for Soldiers upon retirement, discharge, or release from active 
military service or control of the Army.  It established standardized policy for the 
preparation of the DD Form 214.  It stated the DD Form 214 is a synopsis of the 
Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut 
record of active Army service at the time of release from active duty, retirement, or 
discharge.  


ABCMR Record of Proceedings (cont)	 AR20170011776

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