BOARD DATE: 20 October 2011
DOCKET NUMBER: AR20110006725
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 of his records to show he was a U.S. citizen during his period of service.
2. The applicant states he was a U.S. citizen before he joined the Army.
3. The applicant provides:
* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 30 January 1965
* a photocopy of his passport, issued on 24 November 1997
* a memorandum from the National Personnel Records Center (NRPC), St. Louis, MO 63132-5100, dated 28 July 2005
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 31 January 1962. Item 16 (Place of Birth (City and State)) of his DD Form 4 (Enlistment Record Armed Forces of the United States) indicates he was born in Monte Carlo, Monaco. Item 19 (Citizen) indicates he was not a U.S. citizen at the time of his initial enlistment, and he had not yet filed a declaration for citizenship.
3. In connection with his enlistment, the applicant completed a DD Form 398 (Statement of Personal History), on which he identified himself as an alien, not a U.S. citizen.
4. He completed training and was awarded military occupational specialty 140.00 (Field Artillery Basic).
5. Item 4 (Citizenship) of his DA Form 20 (Enlisted Qualification Record) indicates he was a citizen of Monaco.
6. He was honorably released from active duty on 30 January 1965 and transferred to the U.S. Army Reserve. His DD Form 214 shows he completed 3 years of total active service. Item 8 (U.S. Citizen) of his DD Form 214 indicates he was not a U.S. citizen on the date of release from active service.
7. The applicant provides his U.S. passport; however, it was issued in 1997, and does not address his citizenship status during his active service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant enlisted in the Regular Army on 31 January 1962 and was honorably released from active duty on 30 January 1965. It appears at the time of enlistment he was a citizen of Monaco.
2. There is no evidence in the available record, and the applicant did not provide any documentary evidence, that he was granted U.S. citizenship during his period of active service. Absent such evidence, there is an insufficient basis to grant relief in this case.
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) AR20100014949
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