IN THE CASE OF:	 

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090015942 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that item 7 (U.S. Citizen) and item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a U.S. citizen.

2.  The applicant states he was a U.S. citizen before he deployed to Vietnam.

3.  The applicant provided a copy of his certificate of naturalization in support of this application.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's DD Form 214 shows he was inducted into the Army of the United States and entered active duty on 14 July 1966.

3.  The applicant's DD Form 47 (Record of Induction) contains the following entries:

* item 12a (U.S. Citizen) - blank
* item 12b (Date of Entry into U.S. for Permanent/Temporary Residence) - marked "permanent" followed by "2 September 1952"
* item 12c (Alien Registration Receipt Card Number) - "A-8237743"

4.  The applicant's certificate of naturalization shows he became a citizen of the United States on 30 June 1967.

5.  Item 21 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 6 October 1967 to 2 July 1968.

6.  On 7 July 1968, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve after completing a total of 1 year, 11 months, and 24 days of active military service.  The DD Form 214 he was issued contains the following entries:

* item 7 - "No"
* item 30 - "Alien Registration No  A 8237743

7.  Army Regulation 635-5 (Separation Documents), then in effect, governed the preparation of the DD Form 214.  This regulation provided that the Soldier's citizenship status would be entered in item 7 of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

The evidence of record confirms that on the date of the applicant's discharge he was a naturalized citizen of the United States.  It appears the entry on his DD Form 214 indicating he was not a U.S. citizen may have been an administrative error.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show the following:

* item 7 - "yes"
* item 30 - delete the entry "Alien Registration No  A 8237743"


BOARD VOTE:

___X____  ____X__  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 correcting his 7 July 1968 DD Form 214 to show:

* item 7 - "yes"
* item 30 - delete the entry "Alien Registration No  A 8237743"



      ____________X_____________
                 CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20090015942



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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