IN THE CASE OF:
BOARD DATE: 29 October 2009
DOCKET NUMBER: AR20090008069
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his social security number (SSN) as ***-**-***6 instead of ***-**-***5 and to show he was a naturalized citizen during his service on active duty.
2. The applicant states he became a naturalized citizen prior to his induction into the Army.
3. The applicant provides a copy of his DD Form 214, his social security card, and a Form N-570 (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 applicants 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 applicants 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 military records show he was inducted into the Army of the United States on 2 March 1966. He was awarded the military occupational specialty of heavy vehicle driver, and was promoted to pay grade E-4.
3. The applicant was released from active duty on 8 December 1967 and transferred to the U.S. Army Reserve (USAR) Control Group (Annual Training) to complete his remaining Reserve obligation. He had completed 1 year, 9 months, and 7 days of creditable active service.
4. The applicant's DD Form 214, item 3 (Social Security Number) shows his SSN as ***-**-***5. Item 7 (U.S. Citizen) of his DD Form 214 is marked "NO" and item 30 (Remarks) contains the entry, "Alien Registration Card # A10 *** **6."
5. The applicant enlisted in the USAR on 6 March 1977. The DD Form 4 (Enlistment or Reenlistment Agreement), DA Form 2-1 (Personnel Qualification Record), discharge orders, and all other documents in his available records that contain an SSN show his SSN as ***-**-***6.
6. The applicant provided a Form N-570 issued on 3 September 1969 that shows he was naturalized on 9 April 1965.
7. The social security card provided by the applicant shows his SSN as
***-**-***6.
8. Army Regulation 635-5 (Separation Documents) is a synopsis of the Soldier's most recent period of continuous active service. It provides a brief, clear-cut record of active service at the time of release from active duty, retirement, or discharge. This regulation, in effect at the time, stated that for item 3 of the DD Form 214, transcribe the social security account number from the DA Form 2139 (Military Pay Voucher) and it stated that for item 7 enter from the DA Form 20.
DISCUSSION AND CONCLUSIONS:
1. The available records do not contain the applicant's DA Form 2139 as described in Army Regulation 635-5 in effect at the time. However, his DD
Form 4, DA Form 2-1, discharge order, and all other documents in his available records that contain an SSN show his SSN as ***-**-***6, which is the same SSN that is reflected on the social security card he provided. It appears that the SSN reflected on his DD Form 214 was transcribed in error; therefore, it would be appropriate to correct this DD Form 214 to show his SSN as ***-**-***6.
2. The available records do not contain the applicant's DA Form 20 as described in Army Regulation 635-5 in effect at the time. While the applicant may not have had evidence of his U.S. citizenship available at the time of his induction in the Army, the Form N-570 he provided shows he was naturalized on 9 April 1965 which indicates he was a naturalized citizen during his period of active service. As such, the evidence is sufficient to warrant correcting item 7 of his DD Form 214 to show he was a U.S. citizen and deleting the entry "Alien Registration Card # A10 *** **6" in item 30 of his DD Form 214.
3. In view of the foregoing, the applicant's records should be corrected as shown below.
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 corrected by:
a. deleting the entry "***-**-***5" in item 3 of his DD Form 214 and replacing it with the entry "***-**-***6";
b. deleting the "no" entry and adding the "yes" entry in item 7 of his DD Form 214; and
c. deleting the entry "Alien Registration Card # A10 *** **6" from item 30 of his DD Form 214.
_______ _ 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.
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