IN THE CASE OF:
BOARD DATE: 19 March 2009
DOCKET NUMBER: AR20080019012
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 that his service in Thailand be added to his DD Form 214 (Report of Separation from Active Duty) with an effective date of 5 March 1964.
2. The applicant states an error was made in the preparation of his DD Form 214. He states he believes he was exposed to Agent Orange and he requires proof of service in Thailand in order to receive treatment for Agent Orange.
3. The applicant provides, in support of his application, copies of a DA Form 662 (Request and Authorization for Military Personnel Temporary Duty (TDY) Travel and Civilian Personnel TDY and Permanent Change of Station (PCS) Travel) and his DD Form 214.
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 military personnel records show that, after having had prior service, he enlisted in the Regular Army on 6 March 1961 for a period of 3 years. He completed basic combat training and advanced individual training and was awarded military occupational specialty 631.10 (Wheel Vehicle Mechanic).
3. The applicant's DA Form 24 (Service Record) shows the history of the applicant's assignments in Section 4 (Chronological Record of Military Service).
4. The applicant was assigned to the 137th Ordnance Company in Okinawa on 19 April 1961.
5. On 4 April 1962, the applicant was assigned TDY to the 57th Ordnance Company, 9th Logistical Command in Thailand.
6. On 3 October 1962, the applicant was released from the 57th Ordnance Company in Thailand and returned to the 137th Ordnance Company in Okinawa.
7. On 30 November 1963, the applicant returned from overseas and was assigned to Headquarters Company, 2nd Brigade, 1st Infantry at Fort Benning, GA.
8. On 5 March 1964, the applicant was discharged by reason of the expiration of his term of service. Item 22c (Foreign and/or Sea Service) contains the entry "Okinawa."
9. Army Regulation 635-5 (Separation Documents), then in effect, established the standardized policy for preparing and distributing the DD Form 214. In pertinent part, it directed that total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed be entered in Item 22c.
DISCUSSION AND CONCLUSIONS:
1. The applicant's DA Form 24 shows he served a period of TDY in Thailand from 4 April 1962 to 3 October 1962. This provides the proof the applicant is requesting for his service in Thailand. The applicant's DA Form 24 does not show, nor is it intended to show, whether or not he was exposed to Agent Orange.
2. Upon completion of his TDY he returned to Okinawa for 2 months. Therefore, the last theater in which he served overseas was Okinawa and the entry in item 22c of his DD Form 214 is correct.
3. There are no provisions for entering periods of TDY on an individual's
DD Form 214. The DD Form 214 is not intended to show a history of a Soldier's assignments during the period of active duty covered by the DD Form 214.
4. 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 that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X___ ___X____ ___X____ 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.
_______ _ 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.
ABCMR Record of Proceedings (cont) AR20080019012
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