IN THE CASE OF:	

		BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20140020102 


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 military records to show he served on temporary duty (TDY) on Johnson Atoll.

2.  The applicant states he served on Johnson Atoll for 10 days between 1976 and 1978.  He was deployed there for the purpose of teaching personnel handling chemical agents a course of action to defend the island in the event of terrorist actions.  This island has an element of radiation from the nuclear explosions in the Pacific.  This information needs to be reflected in his records since Johnson Atoll has now been declassified.  The Army Board for Correction of Military Records (ABCMR) has the evidence and he wants it listed in his records.

3.  The applicant provides copies of a Letter of Verification and four black and white photographs.

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 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 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 insufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army on 9 September 1974 and he held military occupational specialty 11B (Infantryman).  

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) lists in:

* Item 5 (Overseas Service) – he served in HI from 21 January 1975 through 24 August 1978, a period of 3 years, 7 months, and 4 days
* Item 35 (Record of Assignments) – he was assigned to:

* Company B, 1st Battalion, 35th Infantry, 25th Infantry Division, from 22 January 1975 through 15 January 1978
* Company A, 1st Battalion, 35th Infantry, 25th Infantry Division from 16 through 31 January 1978
* Company A, 1st Battalion, 5th Infantry, Schofield Barracks, from 1 February through 7 September 1978

4.  Orders Number 206-3, issued by Headquarters, 25th Infantry Division, Schofield Barracks, HI, on 25 July 1978, assigned him to a permanent change of station to the U.S. Army Transfer Point, Oakland CA, with a reporting date of 8 September 1978.

5.  He was honorably released from active duty on 8 September 1978 and was transferred to the U.S. Army Reserve Control Group.  He was credited with completing 4 years of active service.  His DD Form 214 lists in:

* Item 18f (Foreign and/or Sea Service This Period) – 3 years, 7 months, and 4 days
* Item 27 (Remarks) – "Last Country of Overseas Assignment:  HI (750121-780824)"

6.  He provided copies of the following:

   a.  A Letter of Verification, dated 7 July 2014, wherein a retired service member stated:

		(1)  In effect, he was verifying that the applicant, while assigned to Company B, 1st Battalion, 35th Infantry, 25th Infantry Division, was deployed on Johnson Atoll.


		(2)  The applicant could not locate anything in his records to verify that deployment.  Therefore, on the applicant's behalf he was verifying that Sergeant First Class Jxxxx J. Sxxxx, Second Lieutenant Jxxxx A. Cxxxxxx, the applicant, and himself were deployed for 10 days on Johnson Atoll between 1976 and 1978 for the purpose of teaching personnel handling chemical agents a course of action to defend the island in the event of terrorist actions.

		(3)  Johnson Atoll was used until the year 2000 as a storage facility for all chemical, biological, and nuclear weapons.  It was also use to store Agent Orange after the Vietnam War.  They arrived on the island and were issued three mandatory items; a red baseball cap, protective mask with combat filters, and sunglasses to protect their vision.  

   b.  Four black and white photographs of two men and two buildings.  The applicant did not state on his application who the two men were and the location of the two buildings.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time, set the standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  The regulation stated:

* Item 18f – would list the total period of foreign service completed during the period covered by the DD Form 214
* Item 27 – would list the country in which the last period of overseas service was performed

8.  There were no provisions in Army Regulation 653-5 in effect at the time, for listing TDY status and/or TDY service on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in HI from 21 January 1975 through 24 August 1978.  He was assigned to two different elements of the 25th Infantry Division during that time.  This foreign service is correctly captured in his record in items 5 and 35 of his DA Form 2-1 and items 18f and 27 of his DD Form 214.  


2.  His contentions and the statement he submitted with his application were carefully considered.  However, there is no provision in the governing regulation for listing TDY status on the DD Form 214.  His DD Form 214 should not be corrected to show this TDY, even if substantiated. 

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)                                         AR20140020102



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ABCMR Record of Proceedings (cont)                                         AR20140020102



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