IN THE CASE OF: BOARD DATE: 12 January 2016 DOCKET NUMBER: AR20150005111 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 in item 7 (U.S. Citizen) that he was a U.S. citizen. 2. The applicant states he was a U.S. citizen upon his entry and release from active duty. 3. The applicant does not provide any additional 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. The applicant was inducted into the Army of the United States on 13 May 1968. His DD Form 47 (Record of Induction) shows in item 12a (U.S. Citizen) that an "X" was placed in the "NO" block. 3. The applicant completed a DD Form 398 (Statement of Personal History) dated 17 May 1968, in which he indicated he was a naturalized citizen and that he was born in Italy. 4. A finalized DD Form 1584 (National Agency Check Request), dated 21 August 1968, indicated he was a naturalized citizen. This form shows his naturalization number, issued on 10 December 1963 by the U.S. District Court of New York. 5. On 17 May 1970, he was honorably released from active duty and transferred to the U.S Army Reserve Control Group (Annual Training). The DD Form 214 issued at that shows in item 7 that an "X" was placed in the "NO" block. 6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The regulation states the purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. DISCUSSION AND CONCLUSIONS: 1. The applicant completed a DD Form 398 on 17 May 1968 indicating he was a naturalized citizen. 2. A finalized DD Form 1584, dated 21 August 1968, indicated he was a naturalized citizen. This form shows his naturalization number, issued on 10 December 1963 by the U.S. District Court of New York. 3. It appears an administrative error resulted in the incorrect transcription of his citizenship on 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 placing an "X" in the "YES" block in item 7 of his DD Form 214. _______ _ _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) AR20150005111 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005111 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1