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 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. 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 applicants 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 applicants 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.
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