BOARD DATE:	  11 June 2013

		DOCKET NUMBER:  AR20120020775 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to show he was a U.S. citizen.

2.  The applicant states he has documentation that shows he is a U.S. citizen.

3.  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.  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 28 May 1970.

3.  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."

4.  His record also contains a DD Form 398 (Statement of Personal History), signed by the applicant, dated 3 June 1970.  Item 7 contains two categories; "U.S. Citizen" and "Alien."

	a.  The follow-on data for "U.S. citizen" are blank.

	b.  The follow-on data for "Alien" show:

* Alien - "X" in the box
* Registration Number - "A 13 7xx 6xx"
* Native Country - "Canada"
* Date and Port of Entry - "1 Dec 63 CLS"
* Do You Intend to Become a U.S. Citizen - "X" in the "No" box

5.  On 23 May 1973, the applicant was honorably released from active duty at the expiration of his term of service.  Item 7 (U.S. Citizen) of his DD Form 214 shows an "X" in the "No" box.   Item 8 (Place of Birth) shows the entry "MONCTON, CANADA."

6.  The applicant provided a copy of his Certificate of Birth that shows he was born on 8 December 1948, in Moncton, Canada.

7.  The applicant provided a copy of his United States of America Permanent Resident card that shows he has been a resident of the United States since
1 December 1963.

8.  Army Regulation 635-5 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.  In pertinent part, it states the DD Form 214 is a synopsis of the Soldier’s most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.
9.  In accordance with the U.S. Citizenship and Immigration Services (USCIS) website at http://www.uscis.gov, a Permanent Resident card holder is someone who has been granted authorization to live and work in the United States on a permanent basis.  As proof of that status, a person is granted a permanent resident card, commonly called a "Green Card."  The card is valid for 10 years.  The card holder should renew his/her card and within 6 months of expiration.

10.  The website further contains information on obtaining U.S. citizenship through naturalization, which is the process by which U.S. citizenship is granted to a foreign citizen or national after he or she fulfills the requirements established by Congress in the Immigration and Nationality Act (INA).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was a Canadian citizen when he enlisted.  There is no evidence of record and he did not provide any evidence that indicates he became a U.S. citizen through naturalization prior to his release from active duty.

2.  He provides documentation showing he has been granted permanent resident status.  However, his permanent resident status is only the first step towards applying for naturalization.  In the meanwhile, his permanent resident status is not equivalent to U.S. citizenship.

3.  His DD Form 214 accurately reflects his citizenship status at the time of his release from active duty.  Therefore, there is no basis for granting the applicant's requested relief.

4.  The applicant is advised to review the "Citizenship for Military Members" section of the USCIS website pertaining to citizenship for certain veterans of the U.S. armed forces.

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)                                         AR20120020775



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ABCMR Record of Proceedings (cont)                                         AR20120020775



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