IN THE CASE OF:
BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110003253
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 DD Form 214 (Report of Separation From Active Duty) be corrected to show he served as a guinea pig on a Pacific island for
11 months and 26 days.
2. The applicant states he served as a crane operator on Eniwetok Atoll during the atomic testing of Operation Castle.
3. The applicant provides documents which he lists in his request.
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 applicants 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 that the applicants 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 applicants military records show that he was inducted in the Army on 20 January 1953, was awarded the military occupational specialty of crane shovel operator, and was promoted to pay grade E-4.
4. He was honorably released from active duty on 19 January 1955. The DD Form 214 he was issued shows he served 11 months and 26 days of foreign and/or sea service. It does not indicate where that foreign service was performed.
5. One of the certificates submitted by the applicant shows that he participated in Operation Castle, an atomic test at Eniwetok Proving Ground, Marshall Islands in 1954.
DISCUSSION AND CONCLUSIONS:
1. The certificate provided by the applicant shows that he participated in Operation Castle, an atomic test at Eniwetok Proving Ground, Marshall Islands in 1954.
2. Unfortunately, the DD Form 214 issued to the applicant has no place to enter assignments, whether the assignments are domestic or foreign.
3. In view of the foregoing, there is no basis for granting the applicants request.
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) AR20110003253
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ABCMR Record of Proceedings (cont) AR20110003253
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