BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006918 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006918 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 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Korea. 2. The applicant states he served in Korea along the demilitarized zone border from 1 March 1968 to 15 April 1968, but this duty assignment does not appear on his DD Form 214. He was diagnosed with clear cell renal cell carcinoma (kidney cancer). He was not aware that he was exposed to Agent Orange along the demilitarized zone border during that time. 3. The applicant provides: * Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) * undated letter from X____ X. X____, a fellow Soldier, and page 3 of that Soldier's DA Form 20 (Enlisted Qualification Record) * letter from X____ X.X____, a fellow Soldier, dated 1 July 2015 * VA Form 21-0960J-1 (Kidney Conditions (Nephrology) Disability Benefits Questionnaire), dated 10 June 2015 * VA medical records * DD Form 214 * page 3 of his DA Form 20 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 24 January 1966 for a period of 4 years. 3. His DA Form 20 shows in: * item 31 (Foreign Service) – * he received credit for foreign service in Okinawa, U.S. Army Pacific, from 8 January 1967 through 8 July 1968 * he received credit for foreign service in Turkey, U.S. Army Europe, from 16 September 1968 through on or about 12 September 1969 * item 38 (Record of Assignments) – he was assigned to Headquarters, U.S. Army Security Agency Special Operations Command, Sobe, Okinawa, from 9 January 1967 through 7 July 1968 4. On 12 September 1969, he was honorably released from active duty. 5. Item 22c (Foreign and/or Sea Service) of his DD Form 214 shows 2 years, 5 months, and 6 days of foreign service and U.S. Army Europe as the last overseas theater in which service was performed. Item 30 (Remarks) of his DD Form 214 does not show any service in Korea. 6. There is no evidence in his available records showing he served in Korea. 7. He provided: a. an undated letter from X____X. X___, a fellow Soldier, confirming the applicant was assigned temporary duty from Okinawa to Korea on 1 March 1968. He provided page 3 of his DA Form 20 showing he was assigned to Korea on 1 March 1968; b. a letter from X____ X. X____, a fellow Soldier, dated 1 July 2015, certifying he served with the applicant in Okinawa and the applicant was one of several members of the command who were sent to Korea for temporary duty in 1968 for several weeks in the spring of 1968; and c. a VA Form 21-0960J-1, dated 10 June 2015, showing he was diagnosed with neoplasm (tumor) of the kidney and had a kidney removed due to cancer. He also provided numerous VA medical records. REFERENCES: Army Regulation 635-5 (Separation Documents), in effect at the time, established policies and procedures for completion and distribution of the DD Form 214. There was no provision for entering dates of service in Korea at that time. Later versions of this regulation stated to indicate Indochina and Korea service performed on or after 5 August 1964 in the remarks block of the DD Form 214 by entering the inclusive dates of service for Vietnam and indicating "yes" or "no" for service in Indochina and Korea. To show Vietnam service only, for example, enter "Vietnam – 25 Apr 70 through 28 May 71, Indochina – yes, Korea – no." DISCUSSION: 1. The applicant requests correction of his DD Form 214 to show his service in Korea. 2. His records show he served in Okinawa, U.S. Army Pacific, from 8 January 1967 through 8 July 1968. 3. The two statements from fellow Soldiers attesting that the applicant served in Korea were carefully considered. There is no corroborating evidence in his military records showing he was sent to Korea for temporary duty in 1968 . BOARD DATE: 3 April 2018 DOCKET NUMBER: AR20160006918 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006918 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006918 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2