ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  15 April 2019

	DOCKET NUMBER:  AR20180016865


APPLICANT REQUESTS:  correction of item 7 (U.S. Citizen) of his DD Form 214 
(Armed Forces of the United States Report of Transfer or Discharge).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214, for the period ending 10 August 1971
*	United States of America, Department of Justice – Certificate of Naturalization 

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 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 he is a naturalized citizen and was when he joined the Army.  
He proudly served his country, has an honorable discharge, and wants his citizenship to 
be acknowledged.   

3.  Prior to the applicant's induction into the Army of the United States (AUS), he signed 
a DD Form 389 (Statement of Personal History) that showed he checked block 7 (U.S. 
Citizen) and identified himself as a naturalized citizen with a certificate number 8027018 
that was granted by US District Court, .  

4.  The applicant was inducted into the AUS on 11 August 1969. 

5.  The applicant was honorably released from active duty on 10 August 1971.  Item 7 of 
his DD Form 214 shows the "NO" block checked.  Item 30 (Remarks) contains the entry 
"Alien Registration Receipt: 8027018."  He authenticated the DD Form 214 with his 
signature.

6.  Item 20 (Birthplace and Citizenship) of his DA Form 20 (Enlisted Qualification 
Record) shows for self the entry, ")."

7.  The applicant provides a Certificate of Naturalization No. 8027018 that was executed 
in the U.S. District Court in .

8.  Army Regulation 635-5 (Separation Documents), dated 23 January 1967, stated to 
enter from DA Form 20 or DA Form 66, as appropriate. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was warranted.  The applicant’s contentions were carefully considered.  He became a 
naturalized U.S. Citizen on 21 January 1958.  His DA Form 20 shows the entry 
“Malta/NAT (58), which shows his record acknowledge he was a naturalized citizen; 
however, his DD Form 214 shows U.S. Citizen “No.”  Based upon the preponderance of 
evidence, the Board agreed there was an error in item 7 of his separation document.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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 amending his 
DD Form 214 for the period ending 10 August 1971 by showing “Yes” in item 7 (U.S. 
Citizenship).


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

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 Army Board for Correction of Military Records 
(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 (Separation Documents), dated 23 January 1967, 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.  For item 7, enter from DA Form 20 or DA Form 66 
as appropriate.  

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20180016865
	
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