ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 October 2019

	DOCKET NUMBER:  AR20170003134


APPLICANT REQUESTS: in effect, reconsideration of his previous request 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 at the time of separation. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 ending on 23 August 1973
* U.S. Citizenship Certificate, dated 4 February 2015

FACTS:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150008801, on 28 April 2016.

2.  The applicant provides a U.S. Certificate of naturalization confirming he has become a U.S. citizen on 4 February 2015.

3.  Review of the applicant's service records shows: 

	a.  He enlisted in the Regular Army on 24 August 1970.  His DD Form 4 (Enlistment Contract - Armed Forces of the United States) shows he was a citizen of the Dominican Republic.  

	b.  On 1 September 1970, he completed a DD Dorm 398 (Statement of Personal History) in connection with his enlistment.  Item 7 (U.S. Citizen) of his DD Form 398 (Statement of Personal History), shows his status as alien.

	c.  He was honorably released from active duty on 23 August 1973.  Block 7 (U.S. Citizen) of his DD Form 214 shows an "X" in the "No" block.  

4.  By regulation (AR 635-5), the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge.  The information entered thereon reflects the conditions as they existed at the time of separation.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board concluded that the evidence showed the applicant separated before he was naturalized.  Based upon the documentary evidence, the Board found insufficient evidence of an error or  injustice which would warrant making a change to the applicant’s military record.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

	 
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.



REFERENCES:

Army Regulation 635-5 (Separation Documents), in effect 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 established standardized policy for preparation of the DD Form 214 and stated the DD Form 214 was a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of Release from active duty, retirement, or discharge.

NOTHING FOLLOWS

ABCMR Record of Proceedings (cont)	 AR20170003134


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