IN THE CASE OF:	  

		BOARD DATE:	  16 September 2010

		DOCKET NUMBER:  AR20100007814 


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 his records be corrected to show awards and details about his service not currently on his DD Form 214 (Report of Separation from Active Duty).

2.  The applicant states he received awards as the Battalion Soldier of the Month, Chaplain's Assistant, a blood donor, a company commander's Letter of Recommendation, and a Motor Officer's Letter of Appreciation.  He was the last man drafted and earned awards for being inducted and doing his job "above and beyond the call of duty."  He is also requesting verification of a stressor for Post Traumatic Stress Disorder (PTSD) from the Department of Veterans Affairs (VA) benefits.  He states he was exposed to Agent Orange while on duty at Fort Hood, Texas.

3.  The applicant provides copies of his DD Form 47 (Record of Induction), a DA Form 1811 (Physical and Mental Status on Release form Active Service), a 12 February 1974 Temporary Duty (TDY) Letter Order 294, a Letter of Recommendation, a Letter of Appreciation, a 29 July 1974 DA Form 2496 (Disposition Form), a blood donation thank you letter, a 1 August 1974 response to a Congressional inquiry, his DD Form 214, 6 pages from the 1st Cavalry Division Association Guestbook, and three pages related to his VA claim.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not provide any additional requests, statements, argument, or documentation. 
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.  The applicant was inducted on 25 October 1972, completed training, and was awarded the military occupational specialty 05F (Radio Teletype Operator Non-Morse Code).  

3.  Following training he was assigned and served the remainder of his period of active duty at Fort Hood, Texas.  He cross-trained and served for a period as a maintenance management systems clerk.

4.  III Corps and Fort Hood TDY Letter Order 294, dated 12 February 1974, assigned the applicant to escort duty for the remains of Private First Class B____ C____ to his place of interment. 

5.  On 20 June 1974, the applicant received a thank you letter for donating blood. 

6.  On a DA Form 2496, dated 29 July 1974, the Battalion Chaplain requested that the applicant be released from duty to assist with Vacation Bible School.

7.  On 29 August 1974, the applicant received a Letter of Appreciation from the Company A, 13th Signal Battalion Motor Officer.

8.  On 20 December 1974, his company commander wrote the applicant a letter of recommendation.

9.  The available record contains no evidence the applicant was awarded the Battalion Soldier of the Month designation.

10.  The applicant was honorably released from active duty on 24 October 1974 with 2 years of creditable service.  His awards are listed as the National Defense Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar. 

11.  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.  It states that awards and decorations are to be listed in the priority sequence specified in Army Regulation 600-8-22.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.  Each entry will be verified by the Soldier's records.

12.  Army Regulation 15–185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-2 states the ABCMR is not an investigative body.  Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he received awards as the Battalion Soldier of the Month, Chaplain's Assistant, a blood donor, a company commander's Letter of Recommendation, and a Motor Officer's Letter of Appreciation.  He was the last man drafted and earned awards for being inducted and doing his job "above and beyond the call of duty."  He is also requesting verification of a stressor for PTSD from the VA benefits.  He states he was exposed to Agent Orange while on duty at Fort Hood, Texas.

2.  The ABCMR is not an investigative body.  The majority of the applicant's request constitutes a request to do just that, investigate and gather information to develop his application both before the ABCMR and the VA. 

3.  The applicant has not provided and the available records do not contain any evidence of exposure to Agent Orange or medical care related to any herbicide exposure. 

4.  The available record does not contain and the applicant has not provided any documentation showing he incurred any physical or mental disabilities while on active duty.

5.  Award of VA benefits for PTSD based on his TDY as a burial escort is not within the purview of this Board.  He should discuss this issue with a VA representative.

6.  None of the requested "awards" are official awards or decorations listed in Army Regulation 600-8-22; therefore, it not appropriate to include them on the DD Form 214.

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)                                         AR20100007814



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100007814



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1