IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130000845
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 the Counter Intelligence Badge (determined to be the U.S. Army Intelligence Badge) and credentials issued for special agents be added to her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 13 September 1998.
2. The applicant states she needs to have the information added to her records for other agencies to easily identify her as having been a special agent. The record of the badge and credentials are located at Greely Hall, Fort Huachuca, AZ.
3. The applicant provides no additional evidence in support of her 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. On 27 October 1994, she enlisted in the Regular Army. She completed the training requirements and she was awarded military occupational specialty (MOS) 97B (Counterintelligence Agent).
3. On 13 September 1998, she was released from active duty due to completion of required active service. Her DD Form 214 shows she:
* completed the 17 week Counterintelligence Assistant Course (97B) in 1995
* served 3 years in MOS 97B
4. Chapter 9 of Army Regulation 381-20 (The Army Counterintelligence Program) establishes policy for the procurement, issue, use, control, and disposition of U.S. Army intelligence badges and credentials (B and C) and representative credentials. It applies to all active and Reserve Component Military Intelligence units and to personnel authorized to use B and C or representative credentials.
a. B and C and representative credentials identify the bearer as a duly accredited special agent or representative of U.S. Army intelligence who is performing official intelligence duties.
b. B and C will be issued to active Army personnel who are at least 21 years old and who possess a final Top Secret security clearance based on a single scope background investigation upon graduation from the 97B course. These personnel retain their B and C as long as they are assigned/attached to units listed in paragraph 9-3a of this regulation.
c. Active Army B and C holders will return B and C to the central repository when leaving active duty or when reassigned to elements not listed in paragraph 93a of this regulation.
DISCUSSION AND CONCLUSIONS:
B and C are only issued to those individuals performing official intelligence duties. Upon release from active duty the applicant was required to return her
B and C to the central repository. B and C are not permanent and serve as identification only while an individual is performing official intelligence duties. Therefore, they are not entered on an individual's DD Form 214. Her DD Form 214 clearly shows she served 3 years in MOS 97B.
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) AR20130000845
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