IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130021858
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.
2. The applicant states the no box in item 8 (U.S. Citizen) of his DD Form 214 is checked which incorrectly shows his citizenship status. He was born in Ireland and both of his parents were U.S. citizens. On 19 July 1961, he was issued a Certificate of Citizenship and enlisted in the Army about a month later. His DD Form 214 does not reflect this and is incorrect.
3. The applicant provides his DD Form 214, a certificate, and social security 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's records show he was inducted into the Army of the United States (AUS) on 23 August 1961 and he entered active duty on that date in New York City, NY.
3. His DD Form 47 (Record of Induction), dated 26 January 1961 and 23 August 1961, shows he was born in Ireland, he entered the U.S. for permanent residency on 3 March 1960, and he was a citizen of Ireland.
4. His DA Form 20 (Enlisted Qualification Record) created upon his entry on active duty shows he was a citizen of Ireland. The version of the DA Form 20 in use at the time did not have a place for the Soldier to sign verifying the information contained on the form was correct.
5. He was honorably released from active duty on 10 August 1963 and he was transferred to the U.S. Army Reserve.
6. 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.
7. The applicant provides a United States of America Certificate of Citizenship that was issued to him on 19 July 1961.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms that upon the applicant's induction into the AUS, his DD Form 47 listed him as a citizen of Ireland. However, his DD Form 47 was first completed on 26 January 1961, prior to his being issued the United States Certificate of Citizenship on 19 July 1961 that would confirm his U.S. citizenship. It can be presumed that his DA Form 20 was completed using information from the DD Form 47 and did not accurately reflect his citizenship on the date he entered active duty on 23 August 1961. Therefore, it would be appropriate at this time to correct his DD Form 214 to reflect his U.S. citizenship status.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 entry in item 8 of his DD Form 214 and replacing it with an "X" in the yes block of item 8.
_______ _ 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) AR20130021858
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ABCMR Record of Proceedings (cont) AR20130021858
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