BOARD DATE: 21 January 2010
DOCKET NUMBER: AR20090014347
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, reconsideration of his previous application to correct his records to show he served in an active duty status during the period of 25 August 1965 through 28 September 1966 because he was exposed to Agent Orange. He also requests that he be issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) for this period of service.
2. The applicant states he served with the Army in Vietnam in a civilian status from 25 August 1965 through 28 September 1966. During this period he was exposed to Agent Orange and has been denied Department of Veterans Affairs (DVA) benefits. He needs to have his records corrected to receive benefits.
3. The applicant provides a copy of a 20 October 2008 DVA letter.
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel provides no information or argument on behalf of the applicant.
CONSIDERATION OF EVIDENCE:
1. 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 AR20090000930, on 27 May 2009.
2. The 20 October 2008 DVA letter, provided in support of this request for reconsideration, was a part of the previous application but it was not specifically addressed. The applicant's contention that this document shows he served in an active duty status from 25 August 1965 through 28 September 1966 constitutes a new argument. This letter specifically states "The following certification is issued to you for the purpose of seeking tax abatement or exemption. Inquiries concerning your eligibility should be directed to the taxing office responsible for granting the benefit." Additionally, this letter indicates the applicant had a period of active Army service from 11 August 1965 through 11 August 1966. It further states he has a 10 percent service connected disability and that he is not entitled to individual unemployment. The date of the award is shown as 1 December 2007.
3. The available records show the applicant served on active duty from 14 January 1957 through 13 January 1959 and he was transferred to the U.S. Army Reserve (USAR) to complete his period of obligated service.
4. On 27 May 2009, the ABCMR denied the applicant's request to correct his
DD Form 214 to show he had active military service from 25 August 1965 through 28 September 1966. At that time he alleged that the documentation provided showed he served in Vietnam as a civilian and this constituted a period of military service.
5. The Department of Defense defines active duty as full-time duty in one of the active military services of the United States under the provisions of Title 10 United States Code (Armed Forces).
6. 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 establishes standardized policy for preparing and distributing the DD Form 214. In pertinent part it states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his records should be corrected to show he served in an active duty status during the period 25 August 1965 through 28 September 1966 and that he should be issued a DD Form 214 for this period of service because he was exposed to Agent Orange.
2. The letter that the applicant provided is not sufficient to correct his records to show that he served in an active duty status from 25 August 1965 through 28 September 1966. By the applicant's own admission he served in Vietnam in a civilian status during this period and he has not provided any verifiable documentation that supports he served in an active duty status. There is also no evidence available to support that he was exposed to Agent Orange while serving in an active duty status in Vietnam. Therefore, his request cannot be granted.
3. Additionally, civilian personnel are not issued DD Forms 214 upon completion of a period of service. Therefore, he is not authorized the issuance of a DD Form 214 for the period from 25 August 1965 through 28 September 1966.
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 this 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 to amend the decision of the ABCMR set forth in Docket Number AR20090000930, on 27 May 2009.
_______ _ 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.
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