IN THE CASE OF:
BOARD DATE: 21 December 2010
DOCKET NUMBER: AR20100017022
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 that her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to reflect that she is a citizen.
2. The applicant states that her DD Form 214 incorrectly reflects in block 8 that she is not a citizen.
3. The applicant provides a copy of her 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 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 was born in Jekabpils, Latvia on 16 November 1933 and she enlisted in the Regular Army Womens Army Corps in Los Angeles, California on 2 October 1956.
3. She completed all of her training at Fort McClellan, Alabama and was transferred to Cameron Station, Alexandria, Virginia for her first and only duty assignment for duty as a clerk-typist.
4. She received her Certificate of Naturalization on 9 April 1958 and she was advanced to the pay grade of E-4 on 5 May 1958.
5. On 1 October 1959, she was honorably discharged on the expiration of her term of service (ETS). She had served 3 years of total active service and her DD Form 214 issued at the time of her discharge reflects in block 8 that she was not a US citizen.
6. A review of the applicants records shows that she Naturalization Certificate Number is recorded in her records.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that her DD Form 214 incorrectly reflects that she is not a citizen has been noted and found to have merit.
2. The evidence of record clearly shows that she attained her US citizenship on 9 April 1958 and that the information was duly recorded in her records.
3. Accordingly, it is reasonable to presume that the error in question was the result of administrative oversight and should be corrected at this time.
BOARD VOTE:
____X____ ___X_____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing on her DD Form 214 in block 8 that she is a US citizen.
2. The Board wants the applicant and all others to know that the sacrifices she made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of her service in arms.
_______ _ _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) AR20100017022
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017022
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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