IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130011793
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, in effect, correction of his DD Form 214 (Report of Separation from the Armed Forces of the United States)/military records to show he participated in nuclear tests in 1955.
2. The applicant states:
* his records do not include his service as a nuclear veteran (he was exposed to ionizing radiation)
* his records were lost in a fire years ago
* he recently checked his veteran's status and discovered he was not classified as a nuclear veteran
* on 5 May 1955, the 723rd Tank Battalion participated in a nuclear test and he was a participant
3. The applicant provides:
* DD Form 214
* letter from the Defense Nuclear Agency, Bethesda, MD, dated 6 June 1978
* Fact Sheet from the Defense Nuclear Agency, dated 23 November 1981, subject: Teapot Series
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 complete 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 applicant's 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. His DD Form 214 shows:
* he was inducted into the Army of the United States on 21 August 1953
* he served as a tank vehicle mechanic
* his last duty assignment was with Company A, 723rd Tank Battalion, Camp Irwin, California
* he was released from active duty on 10 June 1955
4. He provides a letter, from the Defense Nuclear Agency, dated 6 June 1978, thanking him for his response to their request for information on personnel who participated in the Department of Defense Atmospheric Nuclear Weapons Tests.
5. He also provides a 10-page fact sheet about the Teapot Series (Operation Teapot was the fifth series of atmospheric nuclear weapons tests conducted by the Atomic Energy Commission within the continental United States) which shows the 723rd Tank Battalion headquartered at Camp Irwin, California, participated in a nuclear test on 5 May 1955 at the Nevada test site.
6. Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214. There is no provision to show participation in nuclear tests on the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. Since there is no provision to show participation in nuclear tests on the DD Form 214, there is no basis for granting the requested relief.
2. The applicant is advised that a copy of the 6 June 1978 letter from the Defense Nuclear Agency and the 10-page fact sheet on the Teapot Series will be filed in his Army Military Human Resource Record (formerly known as the Official Military Personnel File).
3. He should contact the Defense Threat Reduction Agency, ATTN: TDANP/NTPR, 6801 Telegraph Road, Alexandria, VA 22310-3398, telephone number (703) 767-5870, and provide as much information as possible so that agency can research his unit's history and verify whether he was with the unit at the time. That agency may be able to document the applicants service as a nuclear veteran (i.e., that he was exposed to ionizing radiation). While an entry would still not be entered on his DD Form 214, such verifying documentation may be provided to other agencies, such as the Department of Veterans Affairs, as needed.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ___x____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 the following documents to his AMHRR:
* letter from the Defense Nuclear Agency, dated 6 June 1978
* 10-page Fact Sheet from the Defense Nuclear Agency, dated 23 November 1981, subject: Teapot Series
2. The Board further determined 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 amending his DD Form 214 to show he participated in nuclear tests.
_____________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) AR20130011793
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ABCMR Record of Proceedings (cont) AR20130011793
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