ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 3 October 2019 DOCKET NUMBER: AR20170015152 APPLICANT REQUESTS: request his race 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 (Armed Forces of the United States Report of Transfer or Discharge) * Birth Certificate 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 (ABCMR) 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 states his race is listed as Malayan on his DD Form 214 and it should state Hawaiian. 3. The applicant provides: a. A copy of his DD Form 214, for the period ending 7 August 1959. b. A copy of his certificate of birth, which list his father’s race as Hawaiian and his mother’s race as Caucasian-Hawaiian. 4. A review of the applicant’s service record shows: a. He enlisted in the Army of the United States on 19 January 1955. 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 transferred to U.S. Army Reserve Hawaii Military District on 23 December 1957. d. His DD Form 214 shows his race as Malayan. 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 found that relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the race currently reflected on the applicant’s DD Form 214 was entered in error and warrants correction. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X X X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 his DD Form 214 and correcting his race to “Caucasian-Hawaiian” or “Other”. 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 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), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated all available records would be used as a basis for preparation of the DD Form 214. ABCMR Record of Proceedings (cont) AR20170015152 3 1