ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


BOARD DATE: 4 October 2019 
DOCKET NUMBER: AR20170003485

APPLICANT REQUESTS: to change his DD 214 (Armed Forces of the United States 
Report of Transfer or Discharge) to reflect his U.S. citizenship.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Certificate of Naturalization
*	DD Form 214
*	Honorable Discharge Certificate 
FACTS:
1.	The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.	The applicant states there was no error in his record. He wants to correct his 
DD Form 214 since it shows he was not an American citizen. At that time he was 
drafted as a legal alien.  He is now a citizen.  He is old and sick.  He wants to die
showing he is a proud American. He thanks the U.S. for everything they have done for 
him.

3.	The applicant provides his Certificate of Naturalization, dated 25 October 1983. In 
addition, he provides his DD 214 and Honorable Discharge Certificate from the U.S. 
Army Reserve (USAR) to show his honorable service.

4.	A review of the applicant’s service record shows:

   a.	On 17 November 1970, he was inducted in the Army of the United States.

   b.	DA Form 20 (Enlisted Qualification Record) shows he was stationed in Germany 
from 15 June 1971 to 9 May 1972.  He also served at Fort Knox, KY.



   c.	On 13 September 1972, he was discharged from active duty under the provisions 
of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) and part II of 
DA Message 102035ZDec71, and issued an honorable discharge. His DD Form 214 
reflects he completed 1 year, 9 months, and 28 days of active service. Item 7 (U.S. 
Citizen) is marked “No” and item 8 (Place of Birth (City and State or Country)) states 
“Mexico.”

d.	On 15 November 1976, he was honorably discharged from the Ready Reserve.

5.	By regulation, DD Form 214 will be prepared for all personnel at the time of their 
retirement, discharge, or release from Active Army. Personnel included are members of 
the Army National Guard and the U.S. Army Reserve separated after completing 90 
days or more of continuous active duty for training, full-time training duty, or active duty 
support.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted. The applicant’s contentions were carefully considered. The Board 
thanks him for his service to the Nation. However, he received his U.S. citizenship after 
the period covered by the DD Form 214.  The Board agreed separation documents 
must show circumstances at the time the record was created.

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.
12/11/2019






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:

1.	Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice. 
This provision of law also allows the ABCMR to excuse an applicant's failure to timely 
file within the three-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.	Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at 
the time, states DD Form 214 (Certificate of Release or Discharge from Active Duty) will 
be prepared for all personnel at the time of their retirement, discharge, or release from 
Active Army.  Personnel included are members of the Army National Guard and the
U.S. Army Reserve separated after completing 90 days or more of continuous active 
duty for training, full-time training duty, or active duty support.

NOTHING FOLLOWS