RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 October 2007
DOCKET NUMBER: AR20070006793
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ms. Ann M. Campbell
Chairperson
Ms. LaVerne M. Douglas
Member
Mr. Jeffrey C. Redmann
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 correction of his military records to show that he was assigned at Blue Lancer Valley in the Republic of Korea.
2. The applicant states, in effect, that he was assigned to Blue Lancer Valley but not to Company B, 702nd Maintenance Battalion. He further states that Blue Lancer Valley was an area where individuals, like himself who were affected with the chemical Agent Orange, were assigned. He contends that his duty station was altered to prevent him from receiving the compensation that he deserves.
3. The applicant provides copies of Item 38 (Record of Assignments) of his Enlisted Qualification Record (DA Form 20) and a letter of support
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. On 17 November 1966, the applicant was inducted into the Army of the United States for 2 years. Five days later, on 22 November 1966, he enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty 26B3O (Weapons Support Radar Repairman).
3. On 16 May 1968, the applicant departed the Continental United States (CONUS) for duty in the Republic of Korea.
4. On 21 July 1968, the applicant was assigned to Headquarters and Company A, 702nd Maintenance Battalion, 2nd Infantry Division, Republic of Korea for duty as a weapons support radar repairman.
5. On 5 March 1969, the applicant was reassigned to Company B, 702nd Maintenance Battalion for duty as a radar repairman. He remained in this position until his return to CONUS on 16 August 1969.
6. On 17 August 1969, the applicant was released early from active duty as an overseas returnee. He had attained the rank of private first class, pay grade E3, and had completed 2 years, 8 months, and 28 days of creditable active duty.
7. Item 12 (Last duty Assignment and Major Command) of the applicants Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) shows Company B, 702nd Maintenance Battalion, Eighth United States Army.
8. The letter of support provided by another Soldier who reports that he was assigned with the applicant in the Republic of Korea indicates that they were stationed at Blue Lancer Valley during the period from November or December 1968 to August 1969. This Soldier does not remember the name of their company but does remember that they were a part of the 2nd Infantry Division.
9. Information from the Internet provided that the Blue Lancer Valley was a military compound located near Nullo-Ri, in the Republic of Korea. It was flanked by mountains Easy Queen, Queen, and Radio Hill. It was there to support a radar sight. The 122nd Signal Corps and the 702nd Maintenance Battalion had mission responsibilities at the sight.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly and convincingly shows that the applicant was assigned to the 702nd Maintenance Battalion and the data from the Internet is sufficiently convincing to show that this unit had mission responsibilities at Blue Lancer Valley.
2. There is no available evidence showing that the applicant or anyone else was assigned to the Blue Lancer Valley because they had been exposed to the chemical Agent Orange.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
4. In view of the above, the applicants request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LMD__ __JCR __ __AMC_ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_ _Ann M. Campbell_____
CHAIRPERSON
INDEX
CASE ID
AR2007006793
SUFFIX
RECON
DATE BOARDED
20071002
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
120
2.
3.
4.
5.
6.
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