BOARD DATE:	  25 March 2014

		DOCKET NUMBER:  AR20130011974 


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 separated on 6 February 1970. 

2.  The applicant states the citizenship block on his DD Form 214 should have been marked "Yes" instead of "No." 

3.  The applicant provides his U.S. Citizenship Certificate and 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.  Prior to induction into the Army of the United States (AUS) the applicant would have completed a DD Form 398 (Statement of Personal History) and would have indicated his citizenship, place of birth, and residency status.  However, his DA Form 398 is not available for review with this case. 

3.  He was inducted into the AUS on 17 June 1968.  His DD Form 47 (Record of Induction) shows in:

* item 11 (Place of Birth) - "Monterrey, Mexico"
* item 12a (U.S. Citizen) - "NA"
* item 12b (If Not U.S. Citizen - Date of Entry into U.S. For "Permanent" Residence) – 1957
* item 12c (Alien Registration Receipt Card Number) – "82xx7
* item 12d (Foreign Country in Which Citizen) - NA

4.  His DA Form 20 (Enlisted Qualification Record) which would have been created upon his entry on active duty and would have shown in item 20 (Birthplace and Citizenship) his residency and/or citizenship status, is not available for review with this case.

5.  There is no evidence in the available records that shows (or fails to show) that during his military service he submitted any personnel actions to change his citizenship status on his military records.  

6.  He was honorably released from active duty on 6 February 1970 and he was transferred to the U.S. Army Reserve Control Group (USAR).  Item 7 (U.S. Citizen) shows an "X" was placed in the "No" block. 

7.  He provides a U.S. Citizenship Certificate, showing an individual with the same name and date of birth as those of the applicant became a citizen on 
20 December 1960.   

8.  It appears after serving in the USAR from 7 February 1970 to 2 February 1974, he enlisted in the Texas Army National Guard (TXARNG) on 3 February 1974.  He was discharged from the TXARNG on 31 October 1975.  His National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) shows an "X" in the "Yes" block in item 15 (U.S. Citizen). 

9.  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:

1.  The applicant's DD Form 398 which would have been completed at the time of his induction and the DA Form 20 which would have been created upon his entry on active duty are not available for review with this case.  It is unclear what citizenship he claimed at the time.

2.  He provides a Certificate of Citizenship for an individual with a name and date of birth the same as the applicant that shows the individual became a U.S. citizen on 20 December 1960.  His records also contain an NGB Form 22, dated 
31 October 1975 confirming he was a U.S. citizen. 

3.  Therefore, there is sufficient evidence to so support his contention and he should be entitled to correction of his DD Form 214 to show an "X" was placed in the "Yes" block in item 7 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 7 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)                                         AR20130011974



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ABCMR Record of Proceedings (cont)                                         AR20130011974



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