RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  30 August 2007
	DOCKET NUMBER:  AR20070002768 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Mr. John J. Wendland, Jr.

Analyst

The following members, a quorum, were present:


Mr. Bernard P. Ingold

Chairperson

Mr. Thomas M. Ray

Member

Mr. Gerald J. Purcell

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his records concerning his place of birth (POB) and service in the Republic of Vietnam.

2.  The applicant states, in effect, that he was born in Baltimore, Maryland, but his discharge document shows Orlando, Florida.  He also states, in effect, that he served in the Republic of Vietnam from 26 February 1968 to 10 March 1969 and from 22 April 1969 to 12 April 1970; however, the amount of time he served in the Republic of Vietnam and the foreign service dates on his discharge document are in error concerning his overseas service.

3.  The applicant provides a copy of a DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), with an effective date of 12 April 1970; Baltimore City Health Department, Bureau of Vital Records, Certification of Birth - Short Form, Number 83###, dated 14 October 1964; National Personnel Records Center, Military Personnel Records, St. Louis, Missouri, letter, dated 23 May 2005; 2 Standard Forms (SF) 89 (Report of Medical History), dated 12 April 1970 and 15 August 1967; DA Form 4980-14 (Army Commendation Medal Certificate), dated 28 March 1970 with Army Commendation Medal Citation; Headquarters,
II Field Force Vietnam Artillery (Vietnam), General Orders Number 421, dated
30 March 1970; 24 DA Forms 2139-1 (Military Pay Vouchers) covering the period 1 February 1968 through 31 March 1970; DD Form 256A (Honorable Discharge Certificate), dated 21 August 1967; and DD Form 214, with an effective date of 21 August 1967.

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's military service records contain a DD Form 47 (Record of Induction) which shows the applicant was inducted into the Army on 16 August 1967.  Item 11 (Place of Birth) contains the entry, “(Howard Co[unty]), Elliott City, Maryland.”

3.  The applicant's military service records contain a DD Form 214, with an effective date of 21 August 1967, that was issued for the purpose of the applicant’s immediate enlistment in the Regular Army (RA).  Item 8 (Place of Birth) contains the entry, “Elliott City, Maryland.”

4.  The applicant's military service records contain a DD Form 4 (Enlistment Record - Armed Forces of the United States), dated 22 August 1967, which shows the applicant enlisted in the RA for a period of 3 years.  Item 16 (Place of Birth) contains the entry, “Elliott City, Md.”

5.  The applicant's records contain a DA Form 20 (Enlisted Qualification Record). Item 31 (Foreign Service) of this document shows that he served in the Republic of Vietnam from 26 February 1968 through 25 August 1969; his foreign service tour was extended through 10 October 1969; and then extended again, for a period of 6 months, through 10 April 1970.  Item 38 (Record of Assignments) shows, in pertinent part, that the applicant was assigned to Headquarters and Headquarters Battery, 8th Target Acquisition Battery, 25th Artillery in Vietnam from 1 March 1968 through 20 March 1968 and then assigned to Headquarters and Headquarters Battery, 2nd Battalion, 32nd Artillery in Vietnam from 21 March 1968 through 8 April 1970.  Item 44 (Time Lost Under Section 972, Title 10, United States Code and Subsequent to Normal Date ETS) shows that the applicant was absent without leave (AWOL) for 12 days, from 16 April 1969 to
27 April 1969.

6.  The applicant's military service records contain a DD Form 214, with an effective date of 12 April 1970.  Item 8 (Place of Birth) contains the entry, “Orlando, Florida.”  Item 22 (Record of Service), block a (Creditable for Basic Pay Purposes), line 2 (Other Service) contains the entry, “0 [Years], 0 [Months],
6 [Days]” and block c (Foreign and/or Sea Service) shows that he served in the U.S. Army Pacific (USARPAC) Command and completed 1 year, 1 month, and
2 days foreign service.  Item 30 (Remarks) of the DD Form 214 contains, in pertinent part, the entries, "26FEB68-10MAR69-22APR-12APR69” and
“12 DAYS LOST TIME: 16APR69-27APR69.” 

7.  In support of his application, the applicant provides, in pertinent part, a copy of his Baltimore City Health Department, Bureau of Vital Records, Certification of Birth - Short Form, Number 83###, dated 14 October 1964, which shows he was born in Baltimore, Maryland on 11 May 1948.  The SF 89, dated 15 August 1967, shows, in pertinent part, his place of birth as Elliott City, Maryland and the SF 89, dated 12 April 1970, shows his place of birth as Baltimore, Maryland.  The Army Commendation Medal Certificate; Army Commendation Medal Citation; and Headquarters, II Field Force Vietnam Artillery (Vietnam), General Orders Number 421, dated 30 March 1970, show that the applicant was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam from February 1969 to April 1970.  The Military Pay Vouchers covering the period
1 February 1968 through 31 March 1970 show, in pertinent part, that the applicant departed the continental United States on 26 February 1968; arrived in the Republic of Vietnam on 28 February 1968; was assigned to Headquarters and Headquarters Battery, 8th Target Acquisition Battalion, 25th Artillery (Vietnam) in February 1968; and was subsequently assigned to Headquarters and Headquarters Battery, 2nd Battalion, 32nd Artillery (Vietnam) in March 1968, where he remained assigned through 31 March 1970.  The Honorable Discharge Certificate and DD Form 214, with an effective date of 21 August 1967, document the applicant’s 6 days of service in the Army of the United States from 16 August 1967 to 21 August 1967.

8.  The State of Maryland website at http://www.maryland.gov, provides, in pertinent part, links to local government websites in that State and reveals that Ellicott City (emphasis added), Maryland is in Howard County and Baltimore, Maryland is in the center of Baltimore County.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed policies and procedures regarding separation documents.  It also established standardized policy for preparing and distributing the DD Form 214.  Section III (Instructions for Preparation and Distribution of the Armed Forces of the United States Report of Transfer or Discharge) contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that all available records will be used as a basis for the preparation of the DD Form 214, including the Enlisted Qualification Record, Officer Qualification Record, and orders.

10.  The instructions in paragraph 25 (Item 8 - Place of Birth and Item 9 - Date of Birth) of the Separations Documents regulation state, “Self-explanatory”; paragraph 51 (Item 22c - Foreign and/or Sea Service), subparagraph b (Enlisted personnel) states, in pertinent part, "[e]nter total active duty outside continental limits of the United States for the period covered by the DD Form 
214 and the last overseas theater service was performed, e.g., "Foreign and/or Sea Service (USAREUR)" (i.e., U.S. Army Europe).  The instructions in paragraph 62 (Item 30 - Remarks) state, in pertinent part, "[t]he ‘Remarks’ section will be used to complete entries too long for their respective blocks.  When used for cross-reference, the item number must precede the continued information."  Paragraph 62 also instructs, in pertinent part, to enter the inclusive dates of service in Vietnam during the current period of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show that he was born in Baltimore, Maryland and that he served in the Republic of Vietnam from February 1968 to April 1970 for a total of 2 years,
1 month, and 2 days foreign service.  

2.  The evidence of record shows that the applicant’s Record of Induction and Enlistment Record in the RA recorded his place of birth (POB) as Elliott City (sic) (Howard County), Maryland.  The evidence of record also shows that the applicant’s DD Form 214, dated 21 August 1967, shows his POB as Elliott City (sic), Maryland, and that his DD Form 214, dated 12 April 1970, shows his POB as Orlando, Florida.  However, the applicant provides evidence in the form of his birth certificate that shows he was born in Baltimore, Maryland.  Thus, it is clear from the evidence of record that the applicant’s POB was not properly and correctly recorded in his military service records.  Therefore, the applicant’s records should be corrected to show his POB as Baltimore, Maryland.

3.  The evidence of record shows that the applicant departed the continental United States (CONUS) for foreign service in the Republic of Vietnam on
26 February 1968 and returned to CONUS on 10 April 1970.  This period of foreign service equates to 2 years, 1 month, and 14 days.  The evidence of record also shows that the applicant was AWOL during the aforementioned period for a total 12 days (i.e., from 16 April 1969 to 27 April 1969).  Thus, the total amount of foreign service the applicant actually completed was 2 years,
1 month, and 2 days.   Therefore, the applicant’s discharge document should be corrected to properly record his foreign service.

BOARD VOTE:

___BPI__  ___TMR_  ___GJP__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 showing the following corrections:

     a.  DD Form 214, with an effective date of 21 August 1967:

	 Item 8.	PLACE OF BIRTH
			Delete:  "ELLIOTT CITY MARYLAND"
			Add:      "BALTIMORE, MARYLAND"

     b.  DD Form 214, with an effective date of 12 April 1970:

Item 8.	PLACE OF BIRTH
			Delete:  "ORLANDO, FLORIDA"
			Add:      "BALTIMORE, MARYLAND"

	Item 22c.	FOREIGN AND/OR SEA SERVICE (USARPAC)
			Delete:  "1  1  2"
			Add:      "2  1  2"

Item 30.	REMARKS
			Delete:  "26FEB68-10MAR69-22APR-12APR69"
			Add:      "26 FEB 68 – 10 APR 70"




_____Bernard P. Ingold_____
          CHAIRPERSON




INDEX

CASE ID
AR20070002768
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
2007/08/30
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700412
DISCHARGE AUTHORITY
AR 635-200, Chapter 5, Section VII 
DISCHARGE REASON
Overseas Returnee – REFRAD
BOARD DECISION
GRANT
REVIEW AUTHORITY
Ms. Mitrano
ISSUES         1.
110.0100.0000
2.

3.

4.

5.

6.