IN THE CASE OF:	  

		BOARD DATE:	  17 August 2010

		DOCKET NUMBER:  AR20100008003 


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 he was a U.S. citizen.

2.  The applicant states that he is an American citizen under his father and mother and that the “YES” block in item 7 (U.S. Citizen) of his DD Form 214 should be corrected accordingly.

3.  The applicant provides the following documents in support of his application:

* Notarized letter
* DD Form 214
* Certificate of Naturalization

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 enlisted in the Regular Army on 25 July 1969.  He was trained in and awarded military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).

3.  The applicant's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the U.S.), dated 25 July 1969, prepared on him during the enlistment processing.  It shows the following in the items indicated:

* item 21 (Date of Birth) - he was born on 26 June 1952
* item 22 (Citizenship) – he was a citizen of a country other than the U.S.
* item 23 (Place of Birth) - he was born in Karlsruhe, Germany
* item 55 - he swore (or affirmed) the information provided by him on this form was correctly recorded and it was true in all respects and he authenticated this document with his signature
* item 56 (Remarks)  - lists his Alien Registration Number

4.  The applicant's record contains a DD Form 398 (Statement of Personal History), dated 31 July 1969.  Item 7 of this form shows he was a citizen of Germany and lists his Alien Registration Number.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows in item 20 (Birthplace and Citizenship) that he was born in Germany and was a non-citizen of the United States.  It also shows that his father was a citizen of the U.S. and his mother received like citizenship through naturalization.  Item 47 (Signature of Individual-Name, grade and date) shows the applicant reviewed this document for accuracy last on 24 November 1971 and authenticated it with his signature.

6.  On 18 February 1972, the applicant was honorably released from active duty having completed 2 years, 6 months, and 15 days of creditable military service.  Item 7 of the applicant's DD Form 214 shows he was not a U.S. citizen at the time of his separation.

7.  A thorough review of the documents contained in the applicant's service personnel record revealed that his citizenship appeared consistently as German.
The applicant's citizenship does not appear as U.S. on any document contained in his available service record.

8.  The applicant provides a United States of America Certificate of Naturalization from the Supreme Court of Suffolk County, Riverhead, New York, which shows his mother became a U.S. citizen on 5 February 1960.
9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Army Regulation 635-5 stated that the purpose of a separation document was to provide the individual with documentary evidence of his or her military service at the time of separation.  Therefore, it is important the information entered thereon was complete and accurate as of that date.

   a.  Section III contains guidance on the preparation of the DD Form 214.  It states that all available records will be used as a basis for the preparation of the DD Form 214, including the DA Form 20 and orders.

   b.  Paragraph 24 (Item 7) states to enter the information from the DA Form 20.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should be corrected by changing Item 7 to show he was a U.S. citizen at the time of separation based on the citizenship of his parents.  This claim lacks merit.

2.  The evidence of record shows the applicant enlisted in the Army on
25 July 1969.  He indicated that he was an “Alien,” a native of Germany, and provided his Registration Number to verify his Registered Alien status as evidenced on his DD Form 398.  His German citizenship is consistent on every document in his available service personnel record throughout his period of service.  The applicant authenticated several documents by placing his signature in the appropriate block indicating that he was a German citizen.  There is no evidence that he indicated he was a U.S. citizen in any formal capacity during his period of service.

3.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s records to show he was a U.S. citizen during his period of service.

4.  In view of the foregoing, the applicant’s request should be denied.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ____X___  ____X__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




      _______ _  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)                                         AR20100008003





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ABCMR Record of Proceedings (cont)                                         AR20100008003



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