Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120011254
Original file (20120011254.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  4 January 2013

		DOCKET NUMBER:  AR20120011254 


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 the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of her deceased spouse, a former service member (FSM), be corrected to show he was a U.S. citizen.

2.  The applicant states the FSM received his citizenship papers while he was assigned to the 92nd Chemical Company at Fort Bragg, NC.  He always said his sergeant went with him and the document should be part of his record.

3.  The applicant provides:

* the FSM's DD Form 214
* a State of Maryland Certificate of Marriage, dated 16 August 1962
* a copy of the FSM's United States of America (USA) Certificate of Naturalization, dated 28 December 1964
* a DD Form 256A (Honorable Discharge Certificate), dated 31 March 1968
* a State of New Jersey Certificate of Death, dated 4 February 2010
* a Standard Form (SF) 180 (Request Pertaining to Military Records), dated 
24 March 2012
* a letter from the National Personnel Records Center (NPRC), dated 
26 April 2012


CONSIDERATION OF EVIDENCE:

1.  The FSM enlisted in the Regular Army on 24 April 1962.  He completed training and he was awarded military occupational specialty 631.10 (Wheel Vehicle Mechanic).

2.  On 16 August 1962, the FSM married the applicant.

3.  On 23 April 1965, the FSM was honorably released from active duty.  Item 
5 (Place of Birth) of his DD Form 214  shows the entry "GERMANY."  Item 8 (U.S. Citizen) shows a "X" in the no box.

4.  The applicant provided a copy of the FSM's USA Naturalization Certificate, dated 28 December 1964, showing the United States District Court of the Eastern District of North Carolina admitted the FSM as a citizen of the United States, effective 16 December 1964.

5.  The FSM died on 1 February 2010.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to change the FSM's citizenship on his DD Form 
214 was carefully considered and it was determined there is sufficient evidence to support her request.

2.  The applicant provided a copy of the FSM's USA Naturalization Certificate, dated 28 December 1964, that shows he was admitted as a citizen of the United States, effective 16 December 1964, prior to his release from active duty.  Therefore, the FSM's DD Form 214 should be amended to show him as a U.S. citizen.
      
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 amending item 8 of the FSM's DD Form 214 to show a "X" in the yes box. 



      _______ _   __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)                                         AR20120011254





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120011254



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120020775

    Original file (20120020775.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant provides: * DD Form 214 * Certificate of Birth and Baptism * his Social Security card * United States of America Permanent Resident card CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment Contract - Armed Forces of the United States), dated 28 May 1970, contained in the applicant's military service records shows in item 22 (Citizenship) the entry "CANADA."

  • ARMY | BCMR | CY2009 | 20090011081

    Original file (20090011081.txt) Auto-classification: Approved
  • ARMY | BCMR | CY2009 | 20090018519

    Original file (20090018519.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Item 7 (U.S. Citizen) of the applicant's DD Form 214 shows he was not a U.S. Citizen at the time of his discharge on 27 October 1972. The evidence of record shows the applicant enlisted in the Army on 28 September 1970 and he indicated that he was a German citizen.

  • ARMY | BCMR | CY2006 | 20060005985C070205

    Original file (20060005985C070205.doc) Auto-classification: Approved

    The applicant further states that after his disenrollment, his school sent him a letter in 2003 stating that he was in breach of contract as described in DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), page 7, sections 9 and 10. The applicant's records show he enlisted in the United States Army Reserve (USAR), as a cadet, on 18 January 2001, and was contracted under the ROTC Scholarship Cadet Program. Notwithstanding the advisory opinion, it would be equitable to amend his...

  • ARMY | BCMR | CY2011 | 20110010767

    Original file (20110010767.txt) Auto-classification: Denied

    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 citizen of the U.S. instead of Mexico * award of the Combat Infantryman Badge (CIB) 2. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. The evidence of record shows his citizenship reflected on his DD Form 214 is consistent with every document in his available service...

  • ARMY | BCMR | CY2011 | 20110004572

    Original file (20110004572.txt) Auto-classification: Approved

    Her DD Form 214 shows in: * item 6 (Reserve Obligation Termination Date) she had no Reserve obligation when she was discharged * item 25 (Separation Authority) - Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) , chapter 4 * item 26 (Separation Code) - "JBK" * item 27 (RE Code) - "4" 7. The version in effect at the time of her discharge stated Soldiers with less than 10 years of active Federal service would be reenlisted for 2, 3, 4, 5, or 6 years of service. ...

  • ARMY | BCMR | CY2013 | 20130007642

    Original file (20130007642.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his last name as "Kxxxmoto" instead of "Kxxxmato-Pxxxxxx." The applicant's request for correction of his DD Form 214 to show his last name as "Kxxxmoto" instead of "Kxxxmato-Pxxxxxx" was carefully considered. The evidence of record shows he represented his full name as "Jxxxx Mxxxxx Kxxxmoto" on at least one occasion during his enlistment into military service.

  • ARMY | BCMR | CY2013 | 20130021858

    Original file (20130021858.txt) Auto-classification: Approved

    His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows he was a citizen of Ireland. The DD Form 214 he was issued contains an "X" in the no block of item 8 to indicate he was not a U.S. citizen. Therefore, it would be appropriate at this time to correct his DD Form 214 to reflect his U.S. citizenship status.

  • ARMY | BCMR | CY2008 | 20080001301

    Original file (20080001301.txt) Auto-classification: Denied

    Director Analyst The following members, a quorum, were present: Chairperson Member Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The FSM's records do not show any significant acts of valor during his military service. Army Regulation 635-200 Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to...

  • AF | BCMR | CY2001 | 0101308

    Original file (0101308.doc) Auto-classification: Approved

    _________________________________________________________________ APPLICANT CONTENDS THAT: Upon discharge from the Air Force he was given the 2I RE code on his DD 214 because he was a non-US citizen serving an enlistment. _________________________________________________________________ AIR FORCE EVALUATION: The Assistant Chief, Skills Management Branch, AFPC/DPPAE, reviewed the application and states that the code of 2I, “Non-U.S. citizen serving on initial enlistment with an honorable...