IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140008787 


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, corrections of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), ending on 27 July 1973, to show in:

* Item 17a (Current Active Service Other Than By Induction – Source of Entry) – "Enlisted (First Enlistment)" instead of "NA"
* Item 17b (Term of Service) – "3 Years" instead of "NA"
* Item 19 (Grade, Rate or Rank at Time of Entry into Current Active Service) – "Private (PVT)-1" instead of "NA"
* Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) – the Expert Marksmanship Qualification Badge with Hand Grenade and Rifle (M-16) Bars, Army Good Conduct Medal, Overseas Service Ribbon, and Joint Nuclear Biological and Chemical Defense Badge
* Item 25 (Education and Training Completed) – the Joint Nuclear Biological and Chemical Defense Course
* Item 30 (Remarks) – U.S. Army Pacific (USARPAC) Johnston Island – 13 July 1971-26 September 1971 and the 490th Transportation Company

2.  The applicant states:

   a.  There is no indication on his DD Form 214 of his assignment to the 490th Transportation Company or that he ever served overseas.  His chemical training and cargo handling began on 25 January through 12 July 1971.  With its complex training on VX (nerve agent), Mustard gas, and Herbicide agents, they tested and retested.  A written examination administered had to be passed or the individual was removed from the unit.  

   b.  The overseas service occurred from 13 July through 26 September 1971 at the USARPAC Johnston Island Operation Red Hat.  The orders did not indicate the Red Hat mission.  The orders indicated, "Missions to private port augmentation to the Commander in Chief, USARPAC (CINCUSARPAC)."  Under Special Instructions, the orders stated, "Upon departure from an Aerial Port of Embarkation (APOE) is attached to USARPAC for all purposes."

   c.  He served on active duty from 28 July 1970 through 27 July 1973, during the Vietnam Era.  Between 1960 and 1975, he did not go to Vietnam, but was sent to the Atomic Proving Grounds at Johnston Island in the Pacific Ocean, with adverse and dangerous living conditions with the first destructive test and chemicals exposure.

   d.  The statement, "Evidence establishing active duty with at least one day during a period of war" is found on the Department of Veterans Affairs (VA) Form 21-526 (Veteran's Application for Compensation and/or Pension) for compensation and pension benefits.  In effect, he appeared before a Board of Veterans Appeals (BVA) and the board determined that he was exposed to herbicides and radiation while stationed on Johnston Island.  His Red Hat badge was not properly prepared with film to detect exposure.  Film badges can be found in Operator Redwing 1956, U.S. Atmospheric Nuclear Tests, title 38 – Veterans Benefits, Personal injury suffered, or disease contracted in line of duty.  Basic entitlement in accordance with Title 38, Code of Federal Regulations, section 4.119 Diabetes Mellitus and Hypoglycemic, Spinal Stenosis Lumbar Region, with the condition since 1971 when he was in active service.  It is imperative and crucial the BVA change his DD Form 214 making a difference justifying the overseas service and medals.

3.  The applicant provides:

* DA Form 1315 (Reenlistment Data Card)
* Special Orders (SO) Number 307
* SO Number 19
* DA Form 20 (Enlisted Qualification Record), page 2
* Weekly Training form
* Letter Orders (LO) Number M-06-7 and LO Number M-07-9
* Red Hat identification badge and official seal
* DD Form 214 
* two documents he provided to the BVA pertaining to his working area

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army (RA), in pay grade E-1, on 28 July 1970, for 3 years.  He was awarded military occupational specialty (MOS) 57H (cargo handler).  He served in USARPAC at Johnston Island from 13 July through 26 September 1971.  He was assigned to the 490th Transportation Company.

3.  He provided copies of the following:

   a.  A DA Form 1315 which shows he enlisted for 3 years on 28 July 1970 for his first RA term.

   b.  SO Number 207, issued by Headquarters, U.S. Army Training Center, Infantry, Fort Dix, NJ, on 3 November 1970, awarding individuals the Expert Marksmanship Qualification and 1st Class Qualification Badges with Hand Grenade and Rifle (M-16) Bars.  His name is not listed.

   c.  SO Number 19, issued by Headquarters, 7th Transportation Group, on 27 January 1971, assigning him to the 490th Transportation Company, Fort Eustis, VA, with a reporting date of 24 January 1971.

   d.  A DA Form 20, page 2, which shows he served at USARPAC – Johnston Island from 13 July 1971 through 26 September 1971.

   e.  A Weekly Training form which shows he attended training between May 1971 and March 1973 and was found qualified for the Expert Marksmanship Qualification Badge. 

   f.  Two LO issued by the U.S. Army Transportation Center and  Fort Eustis, VA, on/for:
* LO Number M-06-7, on 28 June 1971, placing him on temporary duty (TDY) to provide port augmentation to CINCUSARPAC for approximately 90 days with a proceed date of 6 July 1971; the orders stated in the Special Instructions section, "Unit remains as currently assigned and upon departure from APOE is attached to USARPAC for all purposes
* LO Number M-07-9, on 28 June 1971, amending LO Number M-06-7 by changing the movement strength of the main body

   g.  His Red Hat identification badge with an expiration date of “31” November 1971 and the Red Hat official seal.

4.  He was honorably released from active duty in pay grade E-4 on 27 July 1973, at the expiration of term of service (ETS), and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He was credited with completing 3 years of active service.  His DD Form 214 lists in:

* Item 12 (Last Duty Assignment and Major Command) – 119th Transportation Company, Fort Eustis, VA
* Item 17a - NA
* Item 17b - NA
* Item 19 - NA
* Item 24 – National Defense Service Medal and Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Item 22c (Foreign and/or Sea Service) – 2 months and 14 days, USARPAC
* Item 25 – National Safety Council Defensive Driving Course and Project Transition – Draftsman – 224 Hours
* Item 30 (Remarks) – Blood Group:  "A Positive"

5.  His DA Form 20 shows in:

* Item 38 (Record of Assignments) he received "excellent" conduct and efficiency ratings throughout his period of active duty
* Item 41 (Awards and Decorations) all the awards listed on his DD Form 214

6.  He enlisted in the USAR on 10 June 1978.  He was awarded MOS 61C (water craft engineer).  His DA Form 2-1 (Personnel Qualification Record – Part II), Item 9 (Awards, Decorations, and Campaigns) shows he was awarded the Expert Qualification Marksmanship Badge with Rifle Bar (M-16) on 13 September 1980.
7.  He also provides copies of two documents he provided to the BVA pertaining to his working area at the time.

8.  Army Regulation 635-5 (Separation Documents, in effect at the time, 
governed the preparation of the DD Form 214.  It stated the DD Form 214 would be prepared for all personal at the time of their retirement, discharge, or release from active duty.  The regulation stated:

* Item 12 - would list the unit of assignment at the time of separation; there were no provisions for listing all units of assignment during the period covered by the DD Form 214 on the form
* Item 17a - the appropriate space would be checked to indicate means of entry on current active service
* Item 17b - for enlisted personnel only, indicate the term of service (years) for which enlisted, reenlisted, or ordered to active duty
* Item 19 - would list the grade in which individual actually entered on current tour of active duty
* Item 22c - would list the total active duty outside the continental United States for the period covered by the DD Form 214; there are no provisions for listing the unit of assignment in that block of the DD Form 214
* Item 24 - would lists all decorations awarded or authorized 
* Item 25 - would list all service schools successfully completed and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214
* Item 30 - would list the blood group from the Immunization Record; there were no provisions for listing places and dates of overseas service other than indicating Indochina and Korea service on or after 5 August 1964 by entering inclusive date of service for Vietnam on the DD Form 214

9.  Army Regulation 672-5-1 (Awards), in effect at the time, stated the Army Good Conduct medal was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year service entirely during the period 7 December 1941 through 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years, but more than 1 year.  The enlisted person must have had all "excellent" conduct and efficiency ratings.  There must have been no convictions by a court-marital.

10.  Army Regulation 600-8-22 (Military Awards) states:

   a.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981.  

   b.  Joint Nuclear Biological and Chemical Defense Badge is not governed by the Army Regulation 600-8-22.

DISCUSSION AND CONCLUSIONS:

1.  With regard to items 17a, 17b, and 19 of the applicant's DD Form 214 ending on 22 July 1973, the evidence shows he enlisted in the RA in pay grade E-1 on 28 July 1970, for 3 years.  Therefore, he is entitled to the following corrections of this DD Form 214 to show in

* Item 17a – the "Enlisted (First Enlistment)" block checked
* Item 17b – 3 years
* Item 19 – PVT-1

2.  With regard to the Army Good Conduct Medal:

   a.  The evidence shows he received "excellent" conduct and efficiency ratings during his period of active duty and he was honorably discharged at his ETS.  There is no evidence he was found disqualified for award of the Army Good Conduct Medal (1st Award) during his period of active duty.
   
   b.  Therefore, it appears he is entitled to award of the Army Good Conduct Medal (1st Award) for his period of service from 28 July 1970 through 27 July 1973 and its addition to his DD Form 214.
   
3.  With regard to item 22c of this DD Form 214:

   a.  His DD Form 214 shows he was credited with 2 months and 14 days of foreign service in USARPAC.  There are no provisions for listing the unit of assignment in item 22c of the DD Form 214 or all units of assignment for the period covered by the DD Form 214 on the form.

   b.  Therefore, he is not entitled to correction of his DD Form 214 to show he was assigned to the 490th Transportation Company during his TDY in USARPAC.



4.  With regard to the Overseas Service Ribbon, the evidence show he completed 2 months and 14 days of overseas service prior to 1 August 1981.  He neither completed nor credited with an overseas tour.  Therefore, he is not entitled to correction of his DD Form 214 to show this award.

5.  With regard to the Expert Marksmanship Qualification Badge with Hand Grenade and Rifle (M-16) Bars and Joint Nuclear Biological and Chemical Defense Badge:

   a.  There is no evidence of record and he provided none showing award of these marksmanship badges during his period of active duty between July 1970 and July 1973.  The evidence shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-16) on 13 September 1980 during his period of service in the USAR.

   b.  Therefore, there is insufficient evidence to support awarding him these badges and their addition to his DD Form 214.

   c.  The Joint Nuclear Biological and Chemical Defense Badge is not governed by Army regulations for listing on the DD Form 214.  Therefore, he is not entitled to the requested relief.

6.  With regard to item 25 of his 1973 DD Form 214 to show the Joint Nuclear Biological and Chemical Defense Course, there is no evidence of record and he provided none to show he completed this course during his period of active duty. Therefore, there is insufficient evidence to support the requested relief.

7.  With regard to item 30 of his 1973 DD Form 214, there are no provisions for listing places and dates of overseas service other than indicating Indochina and Korea service on or after 5 August 1964 by entering inclusive date of service for Vietnam on the DD Form 214.  Therefore, he is not entitled to the requested relief.

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:

* deleting from item 17a of his 1973 DD Form 214 the entry "NA" and checking the "Enlisted" block
* deleting from item 17b of this DD Form 214 the entry "NA" and replacing it with the entry "3 years"
* deleting from item 19 of this DD Form 214 the entry "NA" and replacing it with the entry "PVT-1"
* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 28 July 1970 through 27 July 1973
* adding to his DD Form 214 the Army Good Conduct Medal (1st Award)

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:

* adding to item 22c and/or showing on this DD Form 214 he was assigned to the 490th Transportation Company
* adding to item 24 of his DD Form 214 the Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Hand Grenade and Rifle (M-16) Bars, and Joint Nuclear Biological and Chemical Defense Badge
* adding to item correction of item 25 of this DD Form 214 the Joint Nuclear Biological and Chemical Defense Course
* adding to item 30 of this DD Form 24 the entry, "USARPAC Johnston Island – 13 July 1971-26 September 1971"



      ___________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)                                         AR20140008787





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ABCMR Record of Proceedings (cont)                                         AR20140008787



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