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 applicants 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
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120011254
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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