IN THE CASE OF: 

		BOARD DATE: 14 February 2023

		DOCKET NUMBER: AR20220007288


APPLICANT REQUESTS:  correction of his records to show his race as American 
Indian.

APPLICANT'S SUPPORTING DOCUMENT(S) 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)
*	Certificate of Birth 
*	Amendment to Certificate of Birth

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, 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, in effect, his Birth Certificate was amended in 1995 to show his 
mother's race as American Indian.

3.  The applicant enlisted in the Regular Army on 31 August 1966. His DD Form 4 
(Enlistment Record – Armed Forces of the United States) shows his race as Caucasian.

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his race as 
Caucasian.

5.  The applicant was released from active duty on 31 July 1970. His DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge) does not identify 
his race.

6.  The applicant provided his Certificate of Birth and an Amendment to Certificate of 
Birth showing is Certificate of Birth was amended in August 1995 by changing his 
mother's race from "White" to "American Indian."
BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was not warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board noted that the version of the DD Form 214 in effect then did not list his race. The 
applicant's race is listed throughout his entire military service as "Caucasian" He did not 
at any time during his military service identify himself as "Native American.” 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. 

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, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation (Separations 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 states the DD Form 214 is a synopsis of the Soldier's 
most recent period of continuous active service. It provides a brief, clear-cut record of 
active Army service at the time of release from active duty, retirement, or discharge. 

3.  The version of the applicant's DD Form 214 did not require the recording of the 
servicemember's race. 
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220007288


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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