ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  19 September 2019

	DOCKET NUMBER:  AR20180012196


APPLICANT REQUESTS:  correction of her spouse, former service member (FSM),
 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his race as Japanese instead of Mongolian

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* County of Orange 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 states the race listed on the FSM documents are incorrect.

3.  A review of his service records shows:

	a.  He enlisted in the Regular Army on 9 July 1960.  His enlistment documents, including the report of his entrance medical examination, show his race as Mongolian.
	b.  The FSM was honorable transferred to United States Army Reserve (USAR) on 27 June 1963.  His DD Form 214 shows his race as Mongolian.

4.  The FSM spouse provided:

	a.  DD 214 for period ending 27 June 1963, showing his race as Mongolian.

	b.  A County of Orange certificate of death dated 1 August 2018.  It shows the FSM’s race as Japanese.


5.  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.  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.  

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Japanese was not a potential race listed during his period of service.  Therefore, the Board concluded there was no error or injustice which would warrant making a change to the FSM’s record.

However, the Board did want to advise the applicant that this application, the request for correction and outcome will become part of his official military record to assist in clarifying the race of the FSM.

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.  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 

3.  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)	 AR20180012196


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