RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 September 2005
DOCKET NUMBER: AR20040010450
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 |
| |Mr. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. Eric N. Anderson | |Member |
| |Ms. Carol A. Kornhoff | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his 6 September 1968 DD Form 214 (Report of
Transfer or Discharge) be corrected to show that he was a United States
Citizen.
2. The applicant states that he completed the naturalization process while
stationed at Fort Carson, Colorado.
3. The applicant provides copies of his Certificate of Naturalization and
DD Form 214.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error which
occurred on 6 September 1968. The application submitted in this case is
dated 2 November 2004.
2. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant was inducted on 6 September 1966. He completed training
as a heavy vehicle driver and served at Fort Carson, Colorado where he was
promoted to pay grade E-5. He was separated with an honorable
characterization of service on 6 September 1968.
4. Item 7 (U.S. Citizen) of his DD Form 214 is marked "No." The
naturalization certificate shows the applicant became a citizen on 10 July
1969.
DISCUSSION AND CONCLUSIONS:
1. The applicant became a naturalized citizen after he left active duty.
The DD Form 214 is correct.
2. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 5 September 1971. The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__CAK___ __JNS__ __ENA __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law. Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.
__ John N. Slone__________
CHAIRPERSON
INDEX
|CASE ID |AR20040010450 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050915 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. | |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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