IN THE CASE OF:
BOARD DATE: 15 May 2014
DOCKET NUMBER: AR20130015435
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 item 25 (Education and Training Completed) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he received training as a cryptographic specialist.
2. The applicant states he was trained as a cryptographic specialist and he maintained a top secret clearance with the Army Security Agency. He would like his DD Form 214 corrected to show his grandchildren the truth.
3. The applicant provides:
* DD Form 214
* DA Form 873 (Certificate of Clearance and/or Security Determination Under EO 10450)
* DA Form 2545 (Cryptographic Access Authorization, Briefing Certificates)
* a memorandum
* Special Orders Number 103
* Special Orders Number 106
* Special Orders Number 41
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 7 October 1966. He completed basic combat and advanced individual training and was awarded military occupational specialty 72B (Communications Center Specialist). On 29 May 1967, he was granted a Top Secret security clearance.
3. On 19 September 1969, the applicant was honorably released from active duty as an overseas returnee and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his military service obligation. The DD Form 214 he received shows he competed Army Training Program 21-114 (basic combat training), training as a Communications Center Specialist, and that he received training in the Code of Conduct. The form fails to show he received formal training as a cryptographic specialist.
4. The applicant provides copies of orders from Fort Gordon, GA, to Vint Hill Farms, Warrenton, VA, and a DA Form 2545 showing he received a cryptographic security briefing at Warrenton, VA, on 14 June 1967. These documents also show his personnel file was flagged because he could be restricted from some assignments due to having access to Special Intelligence.
5. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for preparation of the DD Form 214. The version of the regulation in effect at the time of the applicant's release from active duty stated that item 25 would include an entry listing service schools, including major courses which were successfully completed, and military sponsored courses completed in civilian schools and colleges during the period covered by the DD Form 214. For enlisted personnel, the installation training courses (qualification courses), military correspondence courses, and off-duty courses the enlisted person completed successfully during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of item 25 of his DD Form 214 to show he received training as a cryptographic specialist has been carefully examined.
2. Though it is probable that a Communications Center Specialist may have received such training, the applicant's record does not contain any evidence and he did not provide sufficient evidence which shows he successfully completed formal training as a cryptographic specialist at any time during the period covered by his DD Form 214.
3. The fact that he possessed a Top Secret security clearance is duly noted, but there is no provision for annotating that information on his DD Form 214.
4. In view of the foregoing, there is no basis for granting the requested relief.
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) AR20130015435
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130015435
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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