BOARD DATE: 23 December 2010
DOCKET NUMBER: AR20100019411
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 in item 7 he was a U.S. citizen.
2. The applicant states, in effect, that he was a U.S. citizen.
3. The applicant provides a copy his DD Form 214 and a copy of his Commonwealth of Puerto Rico (PR) Certification of Birth issued on 11 May 2010.
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. On 30 January 1970, the applicant enlisted in the Regular Army (RA) for
2 years. The DD Form 4 (Enlistment Contract Armed Forces of the United States) reflects the number "1" in the block next to U.S. in item 22 Citizenship.
3. On 5 September 1971, the applicant was released from active duty by reason early separation of overseas returnee and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). His DD Form 214 shows he completed 1 year, 7 months, and 7 days of total active military service. This
DD Form 214 shows "No" is checked in item 7 (U.S. Citizen).
4. Item 23 (Personal and Family Data) of his DA Form 2-1 (Personnel Qualification Record, Part II) shows his place of birth as Yauco, PR.
5. Item 58 (Citizenship Status) of his DA Form 2A (Personnel Qualification Record - Part I) shows he was native born.
6. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. At the time, it stated for item 7 (Citizenship) the information should be entered from the DA Form 20 or DA Form 66, as appropriate. The DA Forms 20 and 66 have been replaced with the DA Forms 2 and 2A.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to indicate he was a U.S. citizen.
2. The applicant's DD Form 4 that was executed upon enlistment in the RA reflects he was a U.S. citizen. His DA Form 2-1, item 23, and DA Form 2A, item 58, support this determination.
3. Therefore, his DD Form 214 should be corrected to show "Yes" in item 7.
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 deleting from item 7 of his DD Form 214 the entry "No" and adding "Yes."
__________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) AR20100019411
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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