BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000454 BOARD VOTE: ___x______ _x______ __x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000454 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) of the individual concerned be corrected by changing item 7 (U.S. Citizen) to "Yes." __________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. BOARD DATE: 18 May 2017 DOCKET NUMBER: AR20160000454 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 that the entry in item 7 (U.S. Citizen) on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be changed from "No" to "Yes." 2. The applicant states the "Yes" box should be checked because he is a U.S. citizen. He states he got his citizenship at Fort Hood on 17 September 1972. 3. The applicant provides a copy of his passport 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. The applicant enlisted in the Regular Army on 28 May 1970. His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows his citizenship as "Australia" in block 22 (Citizenship) and the entries "Naturalized: NA" and Naturalization/Alien Registration: NA A 17 630 248" were entered in block 56. 3. His service record contains a DD Form 398 (Statement of Personal History) that shows he was an alien (Registration Number A 17 630 248) from Australia with date and port of entry on 29 August 1969 in Boston, MA. He marked the "Yes" block indicating he intended to become a U.S. citizen. 4. His service record also contains a DA Form 873 (Certificate of Clearance and/or Security Determination, dated 30 September 1971, that shows he was a naturalized citizen on 17 September 1971 at the Sabre Service Club, Fort Hood, TX, in the Western District Court of Texas, Austin, TX. 5. Block 20 (Birthplace and Citizenship) of his DA Form 20 (Enlisted Qualification Record) shows he became a naturalized citizen in 1971. 6. The Army honorably released him from active duty on 22 May 1973. The DD Form 214 issued for this period shows the "No" box is checked in item 7 indicating he was not a U.S. citizen. 7. He provided a photocopy of his passport that identifies his nationality as a citizen of the United States of America. REFERENCES: Army Regulation 635-5 (Separation Documents) in effect at the time governs the preparation of the DD Form 214. It states 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: 1. The evidence of record shows the applicant enlisted in the Regular Army on 28 May 1970. At the time of his enlistment, he indicated on his enlistment contract that he was not a U.S. citizen and that he intended to become a U.S. citizen. 2. The applicant's DA Form 873 confirms he became a naturalized citizen of the U.S. on 17 September 1971 and his passport indicates he is a U.S. citizen. However, his DD Form 214 shows the entry "No" item 7 indicating he was not a U.S. citizen. 3. It appears that an administrative error occurred during the preparation of his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160000454 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160000454 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2