IN THE CASE OF:	  

		BOARD DATE:	  1 September 2011

		DOCKET NUMBER:  AR20110004053 


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:

* his middle name be deleted from his military records
* his records be corrected to show he is a U.S. citizen

2.  The applicant states, in effect, the clerk who created his DD Form 214 (Armed Forces of the United Sates Report of Transfer or Discharge) made a mistake by placing his middle name on the DD Form 214.  He indicates the initial error occurred at the time of induction.  In addition, the applicant states item 7 (U.S. Citizen) on his DD Form 214 is marked "No" to indicate he is not a U.S. citizen when it should be marked "Yes." 

3.  The applicant provides a copy of his certificates of birth and 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, and 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 was inducted into the U.S. Army on 26 February 1969.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 36K (Wireman).  

3.  The applicant provided a copy of his Italian Birth Certificate which lists his middle name as D______o.

4.  The applicant provided a copy of his Certificate of Naturalization which does not list a middle name or middle initial.  The Certificate of Naturalization provided by the applicant shows he became a naturalized citizen on 13 December 1962.  The Certificate includes a certificate number.

5.  The applicant's military record contains a DD Form 398.  The applicant completed the form and checked "Yes" in item 7 to indicating he is a U.S. Citizen and lists the certificate number from his Certificate of Naturalization.  The number on the Certificate of Naturalization and the number listed on his DD Form 398 are identical.

6.  The applicant's name is consistently listed as Mxxx or with the middle initial of "M" throughout his official military record.

7.  The following forms in the applicant's official military record list his middle name as Mxxx or with the middle initial of "M":

* DD Form 47 (Record of Induction)
* DD Form 398 (Statement of Personal History)
* 6RD Form 1570R (Acknowledgement of Service Obligation)
* Finger Print Card
* DA Form 873 (Certificate of Clearance and/or Security Determination)
* DD Form 214
* DA Form 428 (Application for Identification Card)
* DA Form 20 (Enlisted Qualification Record)

8.  The applicant used the middle initial "M" or the middle name Mxxx in his official signature on several military documents in his record.  The applicant's use 


of the middle initial "M" or the middle name Mxxx in his official signature appears on the following documents in his military record:

* Finger Print Card was signed using Mxxx as the middle name
* DA Form 428 was signed using "M" as the middle initial 
* DA Form 20 was signed using "M" as the middle initial 
* DD Form 214 was signed using "M" as the middle initial 

9.  The following military records indicate the applicant is not a U.S. citizen, or refer to him as an alien:

* DD Form 47, item 12a U.S. Citizen is annotated "No"
* DA Form 20, item 18 is annotated to show "Alien"
* DD Form 214, item 7 is annotated "No"

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his military records should be corrected to change his name by deleting his middle name and changing item 7 of his DD Form 214 to show he was a U.S. citizen at the time of separation was carefully considered and determined to have partial merit.

2.  The evidence of record shows his name consistently appeared with the middle initial "M" or the middle name Mxxx on almost every document in his available service personnel and medical records throughout his period of military service.  He authenticated his DD Form 214 and several of these documents requiring his signature by placing his signature in the appropriate items with the middle initial "M" or the middle name Mxxx as his official signature.

3.  The evidence of record shows that when the applicant was inducted into the Army he indicated he was a naturalized American citizen.  He also provided his Naturalization Certificate Number to verify his status as a citizen.  His citizenship is listed on his DA Form 20 and his DD Form 214.  He signed both documents but he did not sign the DD Form 47, which is where the error first occurs.  The applicant authenticated his DD Form 398 by placing his signature in the appropriate item indicating that he was an American citizen.  There is evidence that he indicated he is a U.S. citizen in a formal capacity during his period of service.  Therefore, he is entitled to have his records corrected to show that he was a U.S. citizen at the time of his military service.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 deleting from item 7 of his DD Form 214 the "NO" entry and adding "YES."

2.  The Board further determined 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 the appllicant's middle name.



      _______ _ 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)                                         AR20110004053



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ABCMR Record of Proceedings (cont)                                         AR20110004053



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