IN THE CASE OF:
BOARD DATE: 22 May 2014
DOCKET NUMBER: AR20130017001
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 records to show he was exposed to Agent Orange while assigned to the demilitarized zone (DMZ) in Korea.
2. The applicant states he was exposed to Agent Orange for 14 months while serving in Korea along the DMZ from 1968 to 1969. He wants his records to show he was exposed to Agent Orange so he can be entered in the Agent Orange Registry.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 October 1967.
3. His DA Form 20 (Enlisted Qualification Record) shows he served overseas as follows:
* in Korea from 15 April 1968 to 3 May 1969 while assigned to Company A, 1st Battalion, 9th Infantry Regiment, 2d Infantry Division
* in Germany from 26 January 1970 to 16 October 1970 while assigned to Battery B, 6th Battalion, 52d Artillery Regiment
4. He was honorably released from active duty on 18 October 1970 and he was transferred to the U.S. Army Reserve.
5. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows his overseas service in Korea and Germany as 1 year, 10 months, and 6 days.
6. Army Regulation 635-5 (Separation Documents), in effect at the time, stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active duty and would be prepared for all personnel at the time of their retirement, discharge, or release from active duty. It stated to enter the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 in item 22c and the last overseas theater in which the service was performed.
7. Veterans who served in a unit in or near the Korean DMZ anytime between 1 April 1968 and 31 August 1971 and who have a disease the Department of Veterans Affairs (VA) recognizes as associated with Agent Orange exposure are presumed to have been exposed to herbicides. The VA and DOD must determine the veterans unit operated in the DMZ area and the veteran was physically there.
8. An article in the Veterans of Foreign Wars (VFW) magazine, VFW, issue May 2011, indicated that the 1st and 2d battalions of the 9th Infantry were stationed on the DMZ during the referenced time period. The article stated that for more information on filing a VA claim for Agent Orange exposure a member should access www.vba.va.govbln/21/AO/claim/herbicide/htm.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant served in Korea from 15 April 1968 to 30 May 1969. The regulation in effect at the time required an entry showing the total active duty service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the overseas theater in which the service was performed. These data are correctly shown on his DD Form 214.
2. There is no provision in the governing regulation to show exposure to Agent Orange on the DD Form 214. Medical issues are documented in a Soldier's medical records, not on the DD Form 214. Therefore, he is not entitled to the requested relief.
3. However, the applicant may use this Record of Proceedings as verification that he was assigned to a unit on the DMZ during the referenced Agent Orange timeframe. While his Army records can confirm that he was assigned to a unit that appears to have been on the DMZ at the time, the records cannot confirm that he was exposed to Agent Orange.
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 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) AR20130017001
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ABCMR Record of Proceedings (cont) AR20130017001
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