IN THE CASE OF:
BOARD DATE: 31 March 2015
DOCKET NUMBER: AR20140013798
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 a 10-day temporary duty (TDY) assignment to Johnson Atoll.
2. The applicant states that at some point between 1976 and 1978 while assigned to Company B, 1st Battalion, 35th Infantry Regiment in Hawaii, he was sent to Johnson Atoll to teach personnel how to defend themselves in the event of a terrorist attack. The island was the storage location for nuclear, biological, and chemical agents, including Agent Orange. For medical reasons he needs this period of TDY included in his official records.
3. The applicant provides a letter of support from a fellow Soldier.
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 served as an infantryman from February 1973 through his retirement on 31 July 1993, attaining the rank of master sergeant.
3. His record shows he served with Company B, 1st Battalion, 35th Infantry Regiment in Hawaii from 17 July 1975 through 14 July 1978. The record contains no evidence of any TDY during this or any period of his active service.
4. In support of the applicant's request, a fellow Soldier provided a statement indicating that he, the applicant, and two other Soldiers were deployed to Johnson Atoll for a 10-day period. This TDY was to teach personnel handling chemical agents the Action to Defend the Island in the event of terrorist attack. He states the atoll was used as a storage site for nuclear, biological, and chemical weapons, including Agent Orange.
5. A review of the unit historical web site for Company B, 1st Battalion, 35th Infantry Regiment failed to provide any evidence of any direct association with military activity on Johnson Atoll.
6. The Wikipedia site for Johnson Atoll states in part that the atoll was under U.S. military control from 1934 through 2004. During the period of military control it was used as a naval refueling depot, as an airbase, for nuclear and biological weapons testing, for space recovery, as a secret missile base, and a chemical weapon and Agent Orange storage and disposal site (1971-2001). Nuclear weapon launch failures in the 1950?s and 60?s from Johnston Atoll caused serious contamination to the island and surrounding areas with weapons-grade plutonium and americium that remains an issue to this day. These activities left the area environmentally contaminated and remediation and monitoring continue. In 2004 the U.S. military base was closed and control was handed over to civilian authorities of the United States Government. Agent Orange was brought to Johnston Atoll from South Vietnam and Gulfport, Mississippi, in 1972 under Operation Pacer Ivy and stored on the northwest corner of the island known as the Herbicide Orange Storage site but dubbed the "Agent Orange Yard." The Agent Orange was destroyed during Operation Pacer Ho on the Dutch incineration ship MT Vulcanus in the summer of 1977.
7. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)), states the ABCMR begins its consideration of each case with the presumption of administrative regularity. It will decide cases on the evidence of record and it is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The ABCMR is not an investigative body; therefore, it is the responsibility of the applicant to provide sufficient evidence of a verifiable nature to support his application. In an absence of such evidence, it is appropriate to apply the presumption of administrative regularity.
2. While the applicant and a fellow Soldier state that they performed a 10-day training duty TDY on Johnson Atoll, without verifiable documentation to support these statements there is insufficient evidence to warrant granting the requested relief.
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) AR20140013798
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ABCMR Record of Proceedings (cont) AR20140013798
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