Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080007508
Original file (20080007508.txt) Auto-classification: Denied

	IN THE CASE OF:	  

	BOARD DATE:	  17 July 2008

	DOCKET NUMBER:  AR20080007508 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 April 1982 be corrected to show his “Atomic Veteran Status.”

2.  The applicant states, in effect, that he was on temporary active duty orders to Eniwetok Atoll for five months in 1978 and that he received the Humanitarian Service Medal for his participation in the cleanup operation.  He contends that he would like his DD Form 214 to reflect this status due to all the medical problems with personnel assigned there.

3.  The applicant provides flight orders, dated 27 September 1978; two digital globe images; an Army Times article pertaining to the Humanitarian Service Medal Awarded for Eniwetok Cleanup; and two DD Forms 214 for the periods ending 7 April 1982 and 28 February 1997.

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.  After having had prior service, the applicant enlisted on 29 April 1978.  He completed the Warrant Officer Rotary Wing Aviator Course and was honorably discharged on 7 April 1982.

3.  The applicant’s DD Form 214 for the period ending 7 April 1982 shows the Good Conduct Medal (2 Awards), the Army Service Ribbon, the Parachutist Badge, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon (1), and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

4.  Records show the applicant received the Humanitarian Service Medal for his participation in the cleanup operation on Eniwetok Atoll in 1978.

5.  The applicant was appointed as a warrant officer on 8 April 1982 and entered active duty.  On 28 February 1997, he retired in the rank of chief warrant officer three.

6.  Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214.  There is no provision to show “Atomic Veteran Status” on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

There is no provision to show “Atomic Veteran Status” on the DD Form 214.  Therefore, there is no basis for granting the applicant’s request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____xx__  ___xx___  ___xx___  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

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.



__________xxxx____________
       CHAIRPERSON
      
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.



ABCMR Record of Proceedings (cont)                                         AR20080007508





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080007508



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110011123

    Original file (20110011123.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Report of Separation from Active Duty) to show his * foreign service at Enewetak Atoll - Marshall Islands from February to July 1978 * award of the Humanitarian Service Medal * exposure to radiation 2. Although there was no provision to enter the specific location of an operation a Soldier supported, or that he was exposed to radiation at the time the applicant served, in the interest of clarity there would be no harm to the Army or the...

  • ARMY | BCMR | CY2013 | 20130006340

    Original file (20130006340.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Humanitarian Service Medal. His record is void of documentation for the Humanitarian Service Medal and item 9 (Awards, Decorations & Campaigns) of his DA Form 2-1 (Personnel Qualification Record) does not show this award. The evidence of record does not show and the applicant has not provided any evidence that shows he directly participated in the Enewetak Radiological...

  • ARMY | BCMR | CY2015 | 20150001686

    Original file (20150001686.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130006340 on 26 November 2013. He provides the following documents: a. DD Form 1610, dated 13 June 1978, ordering him to go TDY from Fort Devens, MA to Hawaii and Enewetak Atoll on or about...

  • ARMY | BCMR | CY2011 | 20110003253

    Original file (20110003253.txt) Auto-classification: Denied

    The applicant requests his DD Form 214 (Report of Separation From Active Duty) be corrected to show he served as a guinea pig on a Pacific island for 11 months and 26 days. The applicant’s military records are not available to the Board for review. _______X_ _______ ___ CHAIRPERSON 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.

  • ARMY | BCMR | CY2010 | 20100022700

    Original file (20100022700.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he served at Eniwetok Atoll, Marshall Islands from 1955 to 1956. Therefore, his DD Form 214 should be corrected to show this service. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of his DD Form 214 for the period ending on 17 October 1957 the entry "Service at Eniwetok...

  • ARMY | BCMR | CY2013 | 20130005115

    Original file (20130005115.txt) Auto-classification: Approved

    The applicant requests, in effect, a new DD Form 214 (Certificate of Release or Discharge from Active Duty) or DD Form 215 (Correction to DD Form 214) to show he was retired due to permanent disability on 13 July 1987. Under this change, item 12a shows the beginning date of the enlistment period for which a DD Form 214 was not issued under the provisions of paragraph 1-4b(5) (Enlisted members discharged for immediate reenlistment) of this regulation. Although his 1985 DD Form 214 properly...

  • ARMY | BCMR | CY2014 | 20140006895

    Original file (20140006895.txt) Auto-classification: Denied

    The applicant's complete military records are not available to the Board for review. His DD Form 214 shows: * he enlisted in the Regular Army on 2 September 1948 for 5 years * he completed 1 year, 5 months, and 9 days of foreign service * he was awarded the Army Good Conduct Medal * he was honorably discharged on 21 January 1953 4. Army Regulation 600-8-22 (Military Awards) states the MSM was established on 16 January 1969 and is awarded to members of the Armed Forces of the United States...

  • CG | BCMR | Medals and Awards | 2005-005

    Original file (2005-005.pdf) Auto-classification: Denied

    This final decision, dated June 30, 2005, is signed by the three duly appointed APPLICANT’S REQUEST AND ALLEGATIONS The applicant asked the Board to correct his military record to show that he was awarded a Purple Heart for an injury to his right knee during his enlistment from June 26, 1941, to June 27, 1946. SECNAVINST 1650.1G states that during World War II, the Purple Heart was awarded to members of the Armed Forces who were wounded or killed in action against an enemy of the United...

  • ARMY | BCMR | CY2008 | 20080001824

    Original file (20080001824.txt) Auto-classification: Denied

    The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 December 1982 be corrected to show he entered active duty on 13 December 1977 and separated on 7 December 1981. The applicant states that he needs his DD Form(s) 214 to reflect accurate dates of service and the Purple Heart for Department of Veterans Affairs benefits. This DD Form 214 shows his MOS as 63C1O and shows he had not been awarded any awards or...

  • ARMY | BCMR | CY2011 | 20110022481

    Original file (20110022481.txt) Auto-classification: Denied

    The applicant requests correction of item 4 (Component and Branch or Class) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show he was in the Army Security Agency (ASA) as opposed to the Signal Corps. The applicant's complete military records are not available to the Board for review. He contends his branch was not Signal Corps and his DD Form 214 should show his branch as Army Security Agency.