RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  08 May 2008
	DOCKET NUMBER:  AR20070012028 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.




Director



Analyst
      The following members, a quorum, were present:


M

Chairperson

M

Member

M

Member
	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).



THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his DD Form 214 (Report of Separation from Active Duty), which will simply be referred to as his DD Form 214 throughout the remainder of these proceedings, be corrected by:

	a.  changing his primary military occupational specialty (PMOS) title in item 16a from Special Identification Operator to Special Identification Techniques Analyst;

	b.  removing the entry "203.138 Telegraph Operator" from 1tem 16b (Related Civilian Occupation and Dictionary of Occupational Titles [D.O.T.] Number) and entering an entry of "None;"

	c.  changing the "None" entry in item 17a (Secondary Specialty Number and Title) and entering an entry of "05D2O Special Identification Techniques Operator and Classified Additional Duty (ADY) Courier;" and

	d.  adding his security clearance.

2.  The applicant essentially states that his military service was based on his enlistment into the Army Security Agency, and that his MOS required a top secret security clearance with cryptographic (Crypto), handle via communications intelligence (COMINT) channels only (HVCCO), and special intelligence clearances.  He also states that after working in communications intelligence after 36 weeks of specialized MOS schools, having an entry in item 16b of his DD Form 214 which shows that his military MOS was equivalent to a telegraph operator is a disdainful insult to both himself and the United States Army Security Agency.  He further states that he is very proud of his service to his country, and asks only that his accomplishments and security clearances be shown on his 
DD Form 214.

3.  The applicant provides a marked up copy of his DD Form 214 and orders appointing him with an additional duty as a courier for classified material in support of this application.

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's military records show that he enlisted in the Regular Army on 17 March 1969.  He completed basic and advanced individual training and was awarded MOS 05D.  He served a tour in Germany from 10 June 1970 to 29 June 1973, then was reassigned to Vint Hill Farms Station, Virginia.  On 16 May 1974, he was honorably released from active duty.  

3.  Item 16a of the applicant's DD Form 214 essentially shows that his PMOS title was Special Identification Operator.  The applicant requested that his PMOS title be changed to Special Identification Techniques Analyst; however, the edition of Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties) in effect at the time of the issuance of the applicant's DD Form 214 shows that the title of MOS 05D was Electronic Warfare (EW)/Signal Intelligence (SIGINT) Emitter Identifier/Locator.

4.  Item 16b of the applicant's DD Form 214 has an entry of "203.138 Telegraph Operator," and the applicant requested that this entry be removed and replaced with an entry of "None."  However, the edition of Army Regulation 611-201 in effect at the time of the issuance of the applicant's DD Form 214 essentially shows that a telegraph operator in D.O.T. number 203.138 was a related civilian occupation for MOS 05D.

5.  Item 17a of the applicant's DD Form 214 has an entry of "None" to indicate that the applicant did not possess a secondary MOS (SMOS).  The applicant requested that the entry of "None" be removed and that an entry of "05D2O Special Identification Techniques Operator and Classified ADY Courier" be added.  However, the applicant's MOS of 05D2O was withdrawn effective 6 May 1970 when he was awarded MOS 05D3O or, in other words, when his skill level was elevated.  Additionally, there is no MOS for having an additional duty as a courier of classified material.

6.  Item 25 (Personnel Security Investigation) of the applicant's DD Form 214 essentially shows that his personnel security investigation was completed on 
19 May 1970.  The applicant requested that his actual security clearance be listed on his DD Form 214; however, there was no regulatory requirement for listing security clearances on the DD Form 214.

7.  The applicant essentially stated that his military service was based on his enlistment into the Army Security Agency, and that his MOS required a top secret security clearance with crypto, HVCCO, and special intelligence clearances.  He also stated that after working in communications intelligence after 36 weeks of specialized MOS schools, having an entry in item 16b of his DD Form 214 which shows that his military MOS was equivalent to a telegraph operator is a disdainful insult to both himself and the United States Army Security Agency.  He further stated that he is very proud of his service to his country, and asks only that his accomplishments and security clearances be shown on his DD Form 214.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  This regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected by:

	a.  changing his PMOS title in item 16a from Special Identification Operator to Special Identification Techniques Analyst;

	b.  removing the entry "203.138 Telegraph Operator" from item 16b and entering an entry of "None;"

	c.  changing the "None" entry in item 17a and entering an entry of "05D2O Special Identification Techniques Operator and Classified ADY Courier;" and

	d.  adding his security clearance.

2.  Although the applicant requested that item 16a of his DD Form 214 be corrected to show that his PMOS was Special Identification Techniques Analyst, the edition of Army Regulation 611-201 in effect at the time of the issuance of his DD Form 214 shows that the title of MOS 05D was EW/SIGINT Emitter Identifier/Locator.  As a result, there is no basis for changing his PMOS title to Special Identification Techniques Analyst.  The fact that the applicant's DD Form 214 does not show that his PMOS title was EW/SIGINT Emitter Identifier/Locator was noted; however, the applicant did not ask that his PMOS title be changed to EW/SIGINT Emitter Identifier/Locator.  As a result, if the applicant wishes to have his DD Form 214 corrected to show this MOS title for his PMOS, he may reapply to the ABCMR and request that his PMOS title be changed to EW/SIGINT Emitter Identifier/Locator.

3.  While it is clear that the applicant does not wish to have entry of "203.138 Telegraph Operator" in item 16b of his DD Form 214, the edition of Army Regulation 611-201 in effect at the time of the issuance of his DD Form 214 essentially shows that a telegraph operator in D.O.T. number 203.138 was a related civilian occupation for MOS 05D.  As a result, there is no basis for removing or altering the entry in item 16b of his DD Form 214.

4.  As the applicant's MOS of 05D2O was withdrawn effective 6 May 1970 when he was awarded MOS 05D3O or, in effect, when his skill level was elevated, there is no basis for correcting item 17a of his DD Form 214 to show that 05D2O was his SMOS.  Additionally, as there is no MOS for having an additional duty as a courier of classified material, there is also no basis for correcting item 17a of his DD Form 214 to show that he had an additional duty as a courier of classified material.

5.  While it is clear that the applicant wishes to have his security clearance at the time of his release from active duty entered on his DD Form 214, there was no regulatory requirement for listing security clearances on the DD Form 214.  As a result, there is no basis for entering the security clearance he possessed at the time of his release from active duty on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__XXX __  __XXX__  __XXX__   DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during his military service.  The applicant and all Americans should be justifiably proud of his service in arms.




      ___        XXX                ___
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070012028



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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