IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100012466 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of his travel and assignments within the continental U.S. (CONUS) and outside the continental limits of the U.S. (OCONUS) during his period of service.

2.  He states he needs to have this information documented on his DD Form 214 in order to use it as evidence of his exposure to hazardous chemical, biological, and radioactive agents or materials in support of a claim for Department of Veterans Affairs (DVA) benefits.

3.  He provides no additional evidence in support of his claim.

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.  His record shows he was inducted into the Army of the U.S. in Aurora, MO and entered active duty on 15 December 1966.  He completed the required training and was awarded military occupational specialty 01B (Electrical Engineer Assistant).  The highest rank/pay grade he attained while serving on active duty was specialist five/E-5.  

3.  Special Orders Number 249 issued by Headquarters, Armed Forces Examining and Entrance Station located in Kansas City, MO on 15 December 1966 show his initial assignment was to the U.S. Army Reception Station located at Fort Leonard Wood, MO with a reporting date of 16 December 1966.

4.  Special Orders Number 51 issued by Headquarters, U.S. Army Training Center and Fort Leonard Wood, MO on 20 February 1967 show he was reassigned to U.S. Army Missile Command located at Redstone Arsenal, AL with a reporting date of 25 February 1957.

5.  A DA Form 2496-1 (Disposition Form), dated 27 February 1967, shows that upon arrival at Redstone Arsenal, AL, he was further assigned to the Research and Development Directorate, effective 27 February 1967.

6.  Special Orders Number 264 issued by Headquarters, U.S. Army Missile Command, Redstone Arsenal, AL on 6 December 1968 show that while assigned to the Redstone Arsenal Research and Development Directorate, he was released from active duty not by reason of physical disability and transferred to the U.S. Army Reserve Control Group (Annual Training) effective 13 December 1968.

7.  His DA Form 20 (Enlisted Qualification Record) contains the following pertinent information:

	a.  Item 31 (Foreign Service) indicates he did not serve overseas during his period of active duty.

	b.  Item 38 (Record of Assignments) shows his only duty stations were Fort Leonard Wood, MO and Redstone Arsenal, AL.

8.  His DD Form 214 contains the following pertinent information:

	a.  Item 11b (Station or Installation at Which Effected) shows his final duty station was Redstone Arsenal, AL.

	b.  Item 12 (Last Duty Assignment and Major Command) shows his final assignment was to the Directorate of Research and Development.

	c.  Item 22c (Foreign and/or Sea Service) indicates he did not serve either overseas or at sea.

9.  There is no evidence in the available record and he has not provided any evidence showing he traveled to or was assigned anywhere other than the locations mentioned above.  There is also no evidence showing he was ever exposed to any hazardous chemical, biological, and radioactive agents or materials.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  This regulation established standardized policy for the preparation of the DD Form 214.  In pertinent part, it stated that:

	a.  the separating Soldier's last duty assignment and the Major Command to which it was subordinate would be entered in item 12 of the DD Form 214.

	b.  the total active duty service OCONUS for the period covered by the DD Form 214 and the last oversea theater in which service was performed would be entered in item 22c of the DD Form 214.  There was no provision for capturing travel associated with temporary duty performed in CONUS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show all of his CONUS and OCONUS travel and assignments was carefully considered.

2.  His records show he was inducted in Aurora, MO; attended initial entry training at Fort Leonard Wood, MO; and his only duty station was Redstone Arsenal, AL.

3.  In accordance with contemporaneous regulatory guidance his DD Form 214 correctly shows his place of entry into active service and his last duty assignment.

4.  His record is void of any evidence and he has not provided any evidence showing he either traveled OCONUS to or was stationed anywhere other than the aforementioned locations.  

5.  The ABCMR does not amend and/or correct military records solely for the purpose of making the applicant eligible for employment or employment benefits.
Additionally, in order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any 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 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)                                         AR20100012466





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ABCMR Record of Proceedings (cont)                                         AR20100012466



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