ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  18 October 2019

	DOCKET NUMBER:  AR20190001412


APPLICANT REQUESTS: in effect, correction of his military service record to show 
his race and ethnic category as "White and/or American Indian."   

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	U.S. Office of Personnel Management, letter dated 30 August 2005
*	Standard Form 181 (Ethnicity and Race Identification), undated
*	A screen-shot of a memorandum for record, dated 27 November 2017
*	A document labeled "Black in Public," dated 16 October 2012
*	Three pages of definitions on race and ethnicity categories
*	An article labeled "No rights which the white man was bound to respect," 
dated 6 March 2016
*	A two-page document labeled "General Orders No. 100: The Lieber Code"
*	A nine-page document from the Federal Register  

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 he wants the Board to change his race and ethnicity to 
"White" and "American Indian" and if only one designation can be chosen to choose 
"White."  He states former President Obama on a morning show said, "Black has No 
Standing at law."  The Office of Management and Budget (OMB) in 1997 revised its 
standards to permit reporting of more than one race.  He further points out several 
documents discussing race and ethnicity and standards/definitions to each. 

3.  DD Form 1966/1-6 (Record of Military Processing - Armed Forces of the United 
States) shows the applicant's racial category as "Black or African American" and his 
ethnic category as "Not Hispanic or Latino."  The applicant certified the information 
on the document was accurate with his signature and dated it 29 May 2008. 
4.  In conjunction with the DD Form 1966/1-6, the applicant executed a DD Form 4 
(Enlistment / Reenlistment Document - Armed Forces of the United States) enlisting 
in the Regular Army on 18 June 2008.  This document does not contain any 
reference to the applicant's race and/or ethnicity.  The DD Form 1966/1-6 is the only 
document in his Official Military Personnel File that includes a race or ethnicity 
marker.

5.  The applicant was honorably released from active duty on 11 November 2011 
and transferred to the United States Army Reserve (USAR) Control Group 
(Reinforcement).  The DD Form 214 he was issued shows he completed 3 years,  
4 months, and 24 days of net service.  It does not contain an entry showing his race 
and/or ethnicity.

6.  The applicant provides documents and articles on the classification and 
definitions of race and ethnicity (see attachments).  

7.  Army Regulation 601-210 (Regular Army and Reserve Components Enlistment 
Program) provides instructions for completing the required documents for enlistment 
in the Army.  The instructions for completing the DD Form 1966 state for item 7a to 
select one or more of the available options and for item 7b to select the appropriate 
box.   


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is not warranted.

2.  The Board agreed that racial/ethnicity selected in the applicant's enlistment 
records was self-reported information that reflected his selection among the options 
available at the time.  The Board found no basis for recommending changing the 
demographic data the applicant provided when he enlisted.  


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 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 601-210 (Regular Army and Reserve Components Enlistment 
Program) provides instructions for completing the required documents for applicants 
for enlistment in the Army.  The instructions for completing the DD Form 1966 state 
for item 7a to select one or more of the available options and for item 7b to select 
the appropriate box.  

3.  Army Regulation 635-5 (Separation Documents), dated 15 September 2000, 
prescribes the separation documents that must be prepared for Soldiers on 
retirement, discharge, release from active duty service, or control of the Active Army. 
It establishes standardized policy for preparing and distributing the DD Form 214.  It 
does not contain instructions or a block for entering racial category or ethnicity 
category on the DD Form 214. 

// NOTHING FOLLOWS //

ABCMR Record of Proceedings (cont)	 AR20190001412
	
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