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Decision Text

ARMY | BCMR | CY2003 | 2003086548C070212
Original file (2003086548C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 4 November 2003
         DOCKET NUMBER: AR2003086548


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Ms. Wanda L. Waller Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Gail J. Wire Member
Mr. Antonio Uribe Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests correction of item 44 (United States Citizen) on his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show that he is a citizen of the United States.

3. The applicant states, in effect, that he became a naturalized citizen of the United States on 2 January 1941. In support of his application, he submits a Certificate of Citizenship, dated 12 March 1958; an affidavit, dated 27 January 1956, from his father; and a letter, dated 25 August 1955, from the Naturalization Citizenship Branch of the Immigration and Naturalization Service.

4. The applicant’s military records show that he enlisted on 12 January 1953, served as a military policeman and was honorably discharged on 7 December 1954.

5. Item 44 on the applicant's DD Form 214 shows that he is not a citizen of the United States.

6. The applicant provided a Certificate of Citizenship, dated 12 March 1958, which shows that he became a naturalized citizen of the United States on
2 January 1941.

CONCLUSIONS:

1. Evidence of record shows the applicant became a naturalized citizen of the United States on 2 January 1941. Therefore, it would be appropriate to correct item 44 on the applicant's DD Form 214 to show that he is a citizen of the United States.

2. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a. by deleting the "X" in the "NO" block in item 44 on the applicant's DD Form 214; and







b. by placing an "X" in the "YES" block in item 44 on his DD Form 214.  

BOARD VOTE:

FNE____ GJW____ AU______ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2003086548
SUFFIX
RECON
DATE BOARDED 20031104
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1. 100.0000
2.
3.
4.
5.
6.


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