IN THE CASE OF:	  

		BOARD DATE:	    10 March 2011

		DOCKET NUMBER:  AR20100022700 


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 he served at Eniwetok Atoll, Marshall Islands from 1955 to 1956.

2.  The applicant states he served at Eniwetok from 1955 to 1956 with Joint Task Force Seven, Group 7.2.  However, his DD Form 214 does not show his service on the Atoll during Operation Redwing.  This omission prevents him from being listed on the Ionizing Radiation Registry. 

3.  The applicant provides: 

* DD Form 214 (Report of Separation from the Armed Forces of the United States) for the period ending on 2 November 1953
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 17 October 1957
* Honorable Discharge Certificate
* Special Orders Number 223
* Records of Exposure to Ionizing Radiations memorandum
* DA Form 137 (Installation Clearance Certificate)





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’s military records are not available to the Board for review.  A fire destroyed approximately 18 million service members’ records at the National Personnel Records Center in 1973.  It is believed his records were lost or destroyed in that fire.  However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.

3.  The applicant’s DD Form 214 shows he enlisted in the Regular Army (RA) on 2 November 1950.  This form also shows at the time of separation he held military occupational specialty 1166 (Light Vehicle Driver) and his most significant duty assignment was Battery D, 3rd Anti-Aircraft Artillery (Automatic Weapons) Battalion, Korea.

4.  He completed 3 years, 4 months, and 6 days of active service of which 2 years, 7 months, and 11 days was foreign service.  He was honorably separated at Fort Meade, MD, on 2 November 1953 and he was transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.

5.  His second DD Form 214 shows he again enlisted in the RA for 3 years on 18 October 1954.

6.  On 27 June 1955, while serving at Fort Knox, KY, he executed a volunteer agreement to participate in chemical testing at the Chemical Corps Medical Laboratories at the Army Chemical Center, MD.  He subsequently participated in various tests from 15 July to 2 August 1955, consisting of a measurement of gas mask leakage and assessment of protective clothing against mustard vapor. 

7.  He submitted:

	a.  Special Orders Number 223, issued by Headquarters, Task Force 7.2, Joint Task Force Seven, on 24 September 1956, releasing him from assignment to this organization and reassignment to Oakland Army Terminal, CA, for further reassignment, with an effective date of on or after 27 September 1956.

	b.  A letter record of exposure to ionizing radiations, issued by the Personnel Officer, Headquarters, Task Force 7.2, Joint Task Force Seven, on 20 August 1956, addressed to the applicant's commanding officer, informing him that the applicant was exposed to ionizing radiations from 13 April through 6 August 1956, and that this exposure should be entered on the applicant's WD AGO Form 8-117 (Immunization Register) or other similar permanent records and filed in the applicant's DA Form 201 (Military Personnel Records Jacket).

	c.  DA Form 137, dated 24 September 1956, which shows the applicant was assigned to Transportation Detachment 7216, Task Force 7.2, Joint Task Force Seven, from 16 October 1955 to 27 September 1956. 

8.  He was honorably discharged on 17 October 1957 at Fort Knox, KY, by reason of expiration of his term of service.  Item 24c of his DD Form 214 for this period of service shows he completed 11 months and 12 days of foreign service; however, the major overseas theater is not listed. 

9.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214.  From 1951 to 1962, item 24c (or 26 in later versions) (Foreign and/or Sea Service) of the DD Form 214 showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214.  During the Vietnam War, this item showed the 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 (e.g. Foreign and/or Seas Service USAREUR or USARV).  Additionally, item 32 (Remarks) is used for entries too long for their respective items as well as required entries.  .

10.  Eniwetok and Kwajalein are two of the main islands in the Republic of the Marshall Islands, a Micronesian nation of atolls and islands in the Pacific Ocean. The country consists of 29 atolls and 5 isolated islands.  Both atolls played a key role during World War II.   From 1946 to 1958, as the site of the Pacific Proving Grounds, the USA tested 67 nuclear weapons in the Marshall Islands, including the largest nuclear test the US ever conducted, castle Bravo.  

11.  Operation Redwing was a US series of 17 nuclear test detonations from May to July 1956.  They were conducted at Bikini and Eniwetok atolls.  The primary intention was to test new, second-generation thermonuclear devices.  Also tested were fission devices intended to be used as primaries for thermonuclear weapons, and small tactical weapons for air defense.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his DD Form 214 should show his foreign service at Eniwetok Atoll, Marshall Islands from 1955 to 1956, during Operation Redwing. 

2.  During the applicant's service, the governing regulation required the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 be entered in item 24c.  The applicant's DD Form 214 correctly shows he completed 11 months and 12 days of total active duty outside the continental limits of the United States.  

3.  Furthermore, the applicant's exposure to radiation is documented on the letter, provided by the applicant, that was issued by the Personnel Officer, Headquarters, Task Force 7.2, Joint Task Force Seven, on 20 August 1956, informing his commanding officer of the exposure and that this record of exposure should be entered on the applicant's WD AGO Form 8-117 or other similar permanent record and filed in the applicant's DA Form 201.  There is no provision to list such exposure on the DD Form 214.

4.  Although there was no provision to enter the specific location of an operation a Soldier supported, or that he was exposed to radiation at the time the applicant served, in the interest of clarity there would be no harm to the Army or the Soldier to record the applicant's service at Eniwetok Atoll, Marshall Islands from 1955 to 1956 in item 32 of his DD Form 214.   

5.  Therefore, his DD Form 214 should be corrected to show this service. 







BOARD VOTE:

__X_____  ___X___  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 32 of his DD Form 214 for the period ending on 17 October 1957 the entry "Service at Eniwetok Atoll, Marshall Islands, 19551016 - 19560927."




      ___________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)                                         AR20100022700



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ABCMR Record of Proceedings (cont)                                         AR20100022700



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