IN THE CASE OF:
BOARD DATE: 25 February 2014
DOCKET NUMBER: AR20130011311
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was a U.S. citizen when he was released from active duty on 14 December 1960.
2. The applicant states he believes it is a routine error given the fact that he was not born in the United States; however, he was born a U.S. citizen.
3. The applicant provides copies of four passports and his DD Form 214.
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 was inducted into the Army of the United States on 6 January 1959. His DD Form 47 (Record of Induction) shows his place of birth as Benghazi, Africa. In item 13a (U.S. Citizen) an "X" was placed in the "Yes" block which indicates he is a citizen of the United States.
3. There is no evidence in the available records which shows during his military service he submitted any personnel actions to change his citizenship status in his military records.
4. He was honorably released from active duty on 14 December 1960. Item 8 (U.S. Citizen) shows an "X" was placed in the "No" block.
5. The applicant provides copies of his passports. On 19 October 1950, he received a passport from the Consulate General of the United States at Tripoli, Libya. The passport states the applicant is a citizen of the United States.
6. Army Regulation 635-5 (Separation Documents) 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. It states that 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.
DISCUSSION AND CONCLUSIONS:
Upon induction into the Army of the United States the applicant's status was U.S. citizen. His induction record as well as the passports he provides list him as a U.S. citizen. It appears the wrong box was inadvertently checked listing him as a non-U.S. citizen upon his release from active duty on 14 December 1960. Therefore, he is entitled to correction of his DD Form 214 to show an "X" was placed in the "Yes" block in item 8 of his DD Form 214.
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 deleting the current entry in item 8 of his DD Form 214 and adding an "X" in the "Yes" block.
_____________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) AR20130011311
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ABCMR Record of Proceedings (cont) AR20130011311
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