RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 April 2008
DOCKET NUMBER: AR20070013032
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.
The following members, a quorum, were present:
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, that Item 8 (Place of Birth) and Item 30 (Remarks) of his 13 February 1970 separation document (DD Form 214) be corrected.
2. The applicant states, in effect, that he was born in Litchfield, Illinois and not Decatur, Illinois, as is indicated in Item 8; and that he served in the Republic of Vietnam (RVN) between 1966 and 1967, and not between 1964 and 1967, as is indicated in Item 30 of the DD Form 214 in question.
3. The applicant provides his birth certificate in support of his application.
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 applicants 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 applicants 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 record contains an Enlistment Record-Armed Forces of the United States (DD Form 4), dated 14 February 1961, which lists Decatur, Illinois, in Item 16 (Place of Birth). The applicant and a recruiting officer authenticated this document with their signatures on 14 February 1961, the date of the applicant's enlistment. The record also contains a DD Form 4 that was prepared for the applicant's reenlistment on 14 February 1964. Item 16 of this document is blank. The applicant and a recruiting officer also authenticated this document with their signatures on 14 February 1964, the date of the applicant's reenlistment.
3. The applicant's Enlisted Qualification Record (DA Form 20), which was prepared on 16 August 1965, and last audited by the applicant on 21 October 1969, lists Litchfield, Illinois, as his birth place in Item 20 (Birthplace and Citizenship).
4. Item 38 (Record of Assignments) of the applicant's DA Form 20 shows that he served in Hawaii from 30 September 1964 through 16 March 1966, at which time he was reassigned to the RVN as part of a unit move. It also shows he served in the RVN from 17 March 1966 through 12 March 1967, and was assigned to Headquarters and Headquarters Company (HHC) Band, 25th Infantry Division, performing duties in MOS 02E (Trombone Player).
5. The majority of documents on file in the applicant's Official Military Personnel File (OMPF) that contains a place of birth list Litchfield, Illinois, as the applicant's birthplace. There are some documents on file that list Decatur, Illinois as his place of birth.
6. The applicant's OMPF also contains Headquarters, 25th Infantry Division General Orders Number 759, dated 1 March 1967, which awarded the applicant the Army Commendation Medal, for his meritorious service in Hawaii from September 1964 through March 1967.
7. The applicant provides a birth record certified by the County Clerk, Montgomery County, Hillsboro, Illinois, which confirms he was born in Litchfield, Illinois, on 9 May 1939.
8. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It also establishes standardized policy for preparing and distributing the DD Form 214. It states, in pertinent part, that the qualification record and documents on file in the OMPF will be used as source documents for DD Form 214 entries.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the place of birth entered in Item 8 of his
13 February 1970 DD Form 214 is incorrect was carefully considered and found to have merit. Although the applicant's initial DD Form 4 lists Decatur, Illinois, as his place of birth, his DA Form 20, which was prepared on 16 August 1965 and last audited on 21 October 1969, and the majority of documents on file in his OMPF show his place of birth as Litchfield, Illinois. Further, the certified record of birth provided by the applicant also confirms his place of birth was Litchfield, Illinois. As a result, it would be appropriate to correct Item 8 of his DD Form 214 accordingly.
2. The applicant's contention that the RVN service dates listed in Item 30 of his 13 February 1970 DD Form 214 were incorrect was also carefully considered and found to have merit. The applicant's record confirms he served in Hawaii from 30 September 1964 through 16 March 1966, and that he was reassigned to the RVN as a part of a unit move and served there from 17 March 1966 through 12 March 1967. Therefore, it would also be appropriate to correct the RVN service dates listed in his DD Form 214 accordingly.
BOARD VOTE:
__x_ __x__ __x __ 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 amending his 13 February 1970 DD Form 214 by deleting the current entry in Item 8 and replacing it with the entry "Litchfield, Illinois" and by deleting the RVN service dates portion of the entry in Item 30 and replacing it with the entry "Vietnam service from 17 March 1966 to 12 March 1967"; and by providing him a correction to his separation document that includes these changes.
______x ___
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