IN THE CASE OF:
BOARD DATE: 19 August 2008
DOCKET NUMBER: AR20080010947
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 the "Request Date" shown on his DD Form 1584 (National Agency Check Request) from 17 August 1972 to today's date.
2. The applicant states that he is trying to show that he had a "crypto clearance" in order to get an Identification Card from the Army.
3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty), dated 3 June 1975; a copy of his DD Form 1584, dated 17 August 1972; and a copy of a letter, dated 19 May 2008, from the National Personnel Records Center.
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 applicants 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 applicants 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 DD Form 214 shows that he entered active duty on 14 August 1972. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 71B (Clerk Typist).
3. On 17 August 1972, while at Fort Polk, Louisiana, a National Agency Check Request was initiated on the applicant. It is unclear if this request was initiated because the applicant required a specific security clearance level and is also unclear if the applicant was awarded a specific clearance.
4. The applicant's DD Form 214 further shows he was honorably discharged on 3 June 1975. He completed 2 years, 9 months, and 20 days of creditable military service.
5. Army Regulation 601-280 (Regular Army Enlistment Program), in effect at the time, required a DD Form 1584 (National Agency Check Request) for all enlistees that went into the Delayed Entry Program for a period of 60 days. If the enlistee would be in the DEP less than 60 days, the reception station where the enlistee would be shipped upon reporting for active duty would initiate the request. This form was also required for enlistees enlisting under the U.S. Army training of choice enlistment option or those enlisting for special intelligence programs.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows that the applicant served in the Army from 14 August 1972 to 3 June 1975. Upon his entrance into the Army, a National Agency Check Request, dated 17 August 1972, was initiated. There is no evidence that the applicant served any subsequent service in the Regular Army, the U.S. Army Reserve, or the Army National Guard, subsequent to his discharge. Therefore, the date shown on the DD Form 1584 contains no errors.
2. The Army Board for Correction of Military Records (ABCMR) limits corrective action to documents that can be individually reviewed after a Soldier's separation. Since the DD Form 1584 is not normally accessible by individuals
other than the Soldier, there is no basis for the Board to correct it. Furthermore, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__xxx___ __xxx___ __xxx___ 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.
XXX
______________________
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.
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