IN THE CASE OF:	  

		BOARD DATE:	    6 November 2014

		DOCKET NUMBER:  AR20140004361 


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 8 November 1970. 

2.  The applicant states the citizenship block on his DD Form 214 should have been marked "Yes" instead of "No."  When he entered active duty in 1968 he was not a citizen.  But he obtained his citizenship in Providence, RI, while he was still in the Army in 1969, right before he was sent to Vietnam.  At the time, a Soldier could not be sent to Vietnam unless he/she was a citizen. 

3.  The applicant does not provide any evidence. 

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 completed a DD Form 398 (Statement of Personal History) wherein he stated:

* he was an Alien with Registration Number A-10-xxxxx7
* his native country was Germany
* he arrived in New York City, NY, on 2 February 1955
* he intended to become a U.S. citizen

3.  He was inducted into the AUS on 4 December 1968.  His DD Form 47 (Record of Induction) shows in:

* item 11 (Place of Birth) - Berlin, German
* item 12a (U.S. Citizen) - "No"
* item 12b (If Not U.S. Citizen - Date of Entry into U.S. For "Permanent" Residence) - 2 February 1955
* item 12c (Alien Registration Receipt Card Number) - A-10-xxxxx7
* item 12d (Foreign Country in Which Citizen) - Germany

4.  His DA Form 20 (Enlisted Qualification Record) which was created upon his entry on active duty shows in item 20 (Birthplace and Citizenship) the entry "Germany - Non-citizen" for him and the entries "Germany - Non-citizen" for his parents.  

5.  A U.S. Department of Justice - Certification of Military or Naval Service, dated 20 August 1969, was completed for the applicant, certifying his military service from 4 December 1968 to the present (he was still serving at the time).  

6.  There is no evidence in the available records that shows (or fails to show) that he became a U.S. citizen, while still on active duty, or he submitted any personnel actions to change his citizenship status on his military records.  

7.  He was honorably released from active duty on 8 November 1970.  Item 7 (U.S. Citizen) shows an "X" was placed in the "No" block. 

8.  Army Regulation 635-5 (Separation Documents) at the time prescribed 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 service.  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.  Upon induction into the AUS the applicant's status was a non-U.S. citizen.  His induction record as well as his DA Form 20 shows he was not a U.S. citizen.  It appears a certification of service was submitted for him for the purpose of naturalization, but his records do not contain and he provides no evidence that shows he became a citizen during his military service.  Therefore, his DD Form 214 correctly contains the entry "No" to show he was not a U.S. citizen at the time he was released from the military and there is no reason to change the 
DD Form 214.

2.  If the applicant can provide documentary evidence confirming receipt of his naturalization/citizenship prior to his release from active duty on 8 November 1970, he may submit a request for reconsideration to this Board (within 1 year of the Board's decision). 

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)                                         AR20140004361



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ABCMR Record of Proceedings (cont)                                         AR20140004361



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