IN THE CASE OF:	  

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110011123 


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 (Report of Separation from Active Duty) to show his 

* foreign service at Enewetak Atoll - Marshall Islands from February to July 1978
* award of the Humanitarian Service Medal
* exposure to radiation

2.  The applicant states the Department of Defense broke his enlistment contract by sending him to Enewetak Atoll.

3.  The applicant provides:

* his DD Form 214
* a Letter of Appreciation, dated 27 May 1978
* a Certificate of Achievement, dated 8 July 1978
* a DA Form 1577 (Authorization for Issuance of Awards), dated
3 September 1999
* his DD Form 1610 (Request and Authorization for TDY (Temporary Duty) Travel of DOD Personnel), dated 8 February 1978
* a JTG Form 100 (Enewetak Atoll Travel Release), dated 12 July 1978
* his Installation Clearance Record form, dated 11 July 1978
* a DD Form 1141 (Record of Occupational Exposure to Ionizing Radiation), dated 9 February 1979

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 enlisted in the Regular Army on 30 March 1976 for a period of
3 years.   He was trained in and awarded military occupational specialty 12B (Combat Engineer).  He served in Hawaii from 26 July 1976 to 12 November 1978.  He was assigned to the 65th Engineer Battalion, Schofield Barracks, HI.

3.  On 8 February 1978, he was issued a DD Form 1610 authorizing him TDY travel from Schofield Barracks, HI, to Enewetak Atoll and return, for a period of 179 days, with a will proceed date of on or about 8 February 1978, to support the “Enewetak Cleanup Project.”

4.  On 27 May 1978, he was issued a Letter of Appreciation by the first sergeant of Company C, 84th Engineer Battalion, Element Enewetak (Provisional) for his outstanding duty performance as part of the Atoll clean-up project from February to May 1978.  

5.  On 8 July 1978, he was issued a Certificate of Achievement by the battalion commander of the 84th Engineer Battalion, who commended him on his efforts during the clean-up project of the Atoll.

6.  His Installation Clearance Record, issued by Enewetak Atoll shows he was to depart the Atoll on or about 12 July 1978.

7.  Prior to his release from active duty, he received a DD Form 1141 that captured and documented his exposure to any radiation.

8.  On 13 November 1978, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-26 by reason of defective enlistment agreement.  The DD Form 214 he was issued shows in:
* item 18f (Foreign and/or Sea Service) the entry "02  03  17" indicating he completed 2 years, 3 months, and 17 days of foreign service
* item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) the Expert Marksmanship Qualification Badge with Rifle Bar and Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* item 30 (Remarks) the entry "Last Country of Overseas Assignment: Hawaii (760726 - 781112)"

9.  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 U.S. Army tested 67 nuclear weapons in the Marshall Islands, including the largest nuclear test the United States ever conducted, castle Bravo.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contained guidance on the preparation of the DD Form 214 and stated that item 18f would show the total period of active service 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., USARPAC, etc.).  Furthermore, item 30 was used for Department of the Army mandatory requirements when a separate block was required for a continuation entry.

11.  Army Regulation 600-8-22 (Military Awards) states the Humanitarian Service Medal is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a DOD approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  

	a.  Table C-1 of Army Regulation 600-8-22 shows the Enewetak Radiological Cleanup 24 January 1977 - 15 April 1980 Enewetak, Marshall Islands was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

	b.  By-name eligibility listings were published for this operation.  Individuals not listed who claim meritorious direct participation should submit evidence of such through command channels to the Director, Defense Nuclear Agency (DNA), Washington, DC 20305-1000, for determination.

DISCUSSION AND CONCLUSIONS:

1.  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 18c.  The applicant's DD Form 214 correctly shows he completed 2 years, 7 months, and 17 days of total foreign service outside the continental limits of the United States.

2.  Furthermore, the applicant's exposure to radiation is documented on the
DD Form 1141 he provides with his application.  There is no provision to list such exposure on the DD Form 214.

3.  The current regulation allows for an active duty Soldier deployed with his or her unit during their continuous period of active service to list the period of deployment and name of country.  In the applicant's case, his service at the Enewetak Atoll - Marshall Islands is not in question; however, he did so in a TDY status for a clean-up operations; therefore, it is not considered a deployment.

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 8 February 1978 to 12 July 1978 in item 27 (Remarks) of his DD Form 214.

5.  With respect to the Humanitarian Service Medal, again his service in Enewetak Atoll - Marshall Islands and his support to the clean-up operations is not in question.  However, there is no evidence in his record and he did not provide sufficient evidence that shows he applied to the Director, Defense Nuclear Agency (DNA), Washington, DC, for a verification of his eligibility for this award.  Therefore, there is no basis for granting this portion of his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ____X__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 27 of his DD Form 214 the entry "Service at Eniwetok Atoll, Marshall Islands, 19780208 - 19780712."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to:

* Awarding him the Humanitarian Service Medal and adding this award to his DD Form 214
* Listing exposure to radiation on his DD Form 214



      __________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)                                         AR20110011123



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ABCMR Record of Proceedings (cont)                                         AR20110011123



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