PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            1 May 2003                  
	DOCKET NUMBER:   AR2003083793

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Thomas B. Redfern, III		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. John T. Meixell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected to delete the entry indicating he was an alien.

3.  The applicant states that he was a naturalized citizen prior to entering the Army.  He provides a copy of a Certificate of Naturalization dated 1 December 1965 as supporting evidence.  

4.  The applicant’s military records show that he was born in Japan on 13 May 1947 to an American father and a Japanese mother.  He was inducted into the Army on 10 February 1970.  His DD Form 47 (Record of Induction) indicated that he was admitted to the U. S. for permanent residence on 28 November 1958, that his citizenship was unknown, and listed his alien registration receipt card number.

5.  Item 20 (Birthplace and Citizenship) of the applicant's DA Form 20 (Enlisted Qualification Record) shows the applicant citizenship as a naturalized U. S. citizen.

6.  On 12 October 1971, the applicant was honorably released from active duty.  Item 7 (U. S. Citizen) of his DD Form 214 is checked "YES."  Item 30 (Remarks) indicates that he was an alien and lists his alien registration receipt card number.

7.  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.  The version in effect at the time of the applicant's separation was dated 23 January 1967.  That version was subsequently changed 14 times (change 14 dated 8 November 1971).  Neither the basic regulation nor any of its 14 changes required that information concerning a member's citizenship status be listed in the Remarks section. 

CONCLUSIONS:

1.  The applicant provides sufficient supporting evidence and there is evidence of record to show he was not an alien at the time he was inducted into the Army but rather a naturalized citizen.

2.  The applicant's DD Form 214 correctly identifies him as a U. S. citizen in    item 7.  The entry concerning his citizenship status in item 30 is neither required nor accurate and should be deleted.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That item 30 of the applicant's DD Form 214 be amended by deleting the entry concerning his being an alien.

BOARD VOTE:  

__tbr___  __lds___  __jtm    ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Thomas B. Redfern, III_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003083793	
SUFFIX		
RECON		
DATE BOARDED	20030501	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	Mr. Schneider	
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.