ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 6 June 2019 DOCKET NUMBER: AR20190004640 APPLICANT REQUESTS: * 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 * correction of his Cold War Certificate to show the spelling of his last name as A__ versus A__ APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * Cold War Certificate of Recognition * Certificate of Naturalization * U. S. Citizenship and Immigration Services letter, dated 9 June 2016 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. Army Regulation 15-185 (ABCMR) provides the policy and procedures for the Board. Paragraph 2-5 states that the Board will not consider any application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. a. Public Law 105-85, Section 1084, established a Cold war Recognition Certificate to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. The Cold War Recognition System webpage announces the program and provides instructions for individual requests. Individuals should mail or fax Cold War Certificate applications, or requests for corrections to previously issued certificates, to the Cold War Office at: U.S. Army Human Resources Command, Cold War Recognition Program, ATTN: AHRC-PDP-A, Dept 480, 1600 Spearhead Division Avenue, Fort Knox, KY 40122-5408. b. The applicant should make his request for correction of his certificate to the aforementioned office. c. The Cold War Recognition Certificate will not be further addressed in this record of proceedings. 3. The applicant states that he is a U. S. Citizen and his DD Form 214 contains a clerical error in item 8 (U. S. Citizen). In addition, his last name is misspelled on his Cold War Certificate. 4. A review of his military records show he served in the Regular Army from 30 July 1963 through 5 July 1966. His DD Form 214 shows in: * Item 1 (Last Name-First Name-Middle Name), the spelling of his last name as A__ * Item 8, that he was not a U. S. Citizen at the time of his separation 5. The Certificate of Naturalization provided by the applicant shows he became a U. S. Citizen on 14 February 1967. 6. His Cold War Certificate of Recognition shows the spelling of his last name as A__. 7. Army Regulation 635-5 (Separation Documents) in effect at the time, stated, the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. 8. Army Regulation 15-185 (ABCMR), states, in effect, individuals must exhaust all administrative remedies prior to appealing to the Board for relief. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found insufficient evidence to grant relief. 1. Regarding the applicant’s request to change his DD Form 214, item 8 (U.S. Citizen), listed as “No”, there is insufficient evidence to grant relief. The applicant became a U.S. citizen in 1967, several months after the applicant’s discharge from the Army on 5 July 1966. 2. Regarding the Cold War Certificate, the Army does not award medals for the Cold War and therefore it is not added to discharge documents. However, the applicant is eligible to receive a Cold War Recognition certificate. Instructions for obtaining a certificate is located under References below. Certificates are not added to discharge documents. 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. 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 (AR) 635-5 (Separation Documents), in effect at the time, states to enter the citizenship status listed on the DA Form 20 (Enlisted Qualification Record). 3. AR 15-185 provides the policy and procedures for the Board. Paragraph 2-5 states that the Board will not consider any application until the applicant has exhausted all administrative remedies to correct the alleged error or injustice. 4. Public Law 105-85, Section 1084, established a Cold war Recognition Certificate to recognize all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991. The Cold War Recognition System webpage announces the program and provides instructions for individual requests. Individuals should mail or fax Cold War Certificate applications, or requests for corrections to previously issued certificates, to the Cold War Office at: U.S. Army Human Resources Command Cold War Recognition Program ATTN: AHRC-PDP-A, Dept 480 1600 Spearhead Division Avenue Fort Knox KY 40122-5408 //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20190004640 2 1