IN THE CASE OF:	  

		BOARD DATE:	  29 October 2009

		DOCKET NUMBER:  AR20090014188 


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, in effect, correction to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the following:  he was a United States citizen, his alien registration number was actually his naturalization certificate number, and his military occupational specialty was combat engineer and construction.

2.  The applicant states, in effect, that he was a United States citizen and a combat engineer and that he had also worked in construction at the time of his discharge from the Army.

3.  The applicant provides a certificate of citizenship, a copy of his social security card, his Army honorable discharge certificate, and a copy of his DD Form 214 in support of his 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 record shows he was inducted into the Army of the United States and entered active duty on 12 December 1968.  The applicant completed basic and advanced individual training and was assigned to Company C, 11th Engineer Brigade in the Republic of Korea with the principal duty of a construction specialist on 24 May 1969.

3.  The applicant provides a copy of a Certificate of Citizenship with the number AA-***018 which indicates that the applicant became a citizen of the United States of America on 6 September 1963.  

4.  The applicant's record contains Headquarters, U.S. Army Training Center, Infantry and Fort Lewis Special Orders 108, dated 18 April 1969, which show the applicant was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 2 May 1969.

5.  The applicant’s record also contains Headquarters, 36th Engineer Group (Combat) Special Orders 230, dated 6 November 1969, which show the applicant was awarded primary MOS 12B (Combat Engineer) on 28 October 1969.

6.  On 17 July 1970, the applicant was honorably released from active duty, in the rank of specialist four (SP4), after completing a total of 1 year, 7 months, and 6 days of active military service.  The DD Form 214 he was issued at that time contains the entry "12B20" in Item 23a (Specialty Number & Title).  Item 7 (U.S. Citizen) contains the entry "No."  It further shows in item 30 (Remarks) the entry "Alien Registration No: AA ** *018." 

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  The version of the regulation in effect at the time of the applicant's discharge stated to enter the primary MOS held on the date of separation in Item 23a.








DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 incorrectly shows he is not an American citizen and identifies his naturalization certificate number as an alien registration number was carefully considered and found to have merit.

2.  The naturalization certificate provided by the applicant shows he became a United States citizen on 6 September 1963.  As a result, it would be appropriate to correct the applicant’s DD Form 214 to show he was a U.S. citizen and to show that the alien registration number currently reflected on his DD Form 214 was actually his naturalization certificate number.

3.  Evidence of record shows the applicant was awarded primary MOS 12B and that he performed construction duties as a combat engineer during his tour of duty in the Republic of Korea.  However, given 12B was the MOS he held at the time of separation, the entry on his DD Form 214 is correct based on the regulatory provisions at the time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ___X___  ___X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214, dated 17July 1970 by:

	a.  deleting the current entry in item 7 and adding the entry of "Yes";

	b.  deleting the entry "Alien Registration No:  AA ** *018." from item 30 and adding "Naturalization Certificate Number:  AA-***018"; and

	c.  issuing the applicant a corrected DD Form 214 showing these corrections.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of item 23a 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.

ABCMR Record of Proceedings (cont)                                         AR20090014188



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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