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ARMY | BCMR | CY2014 | 20140021635
Original file (20140021635 .txt) Auto-classification: Denied

		IN THE CASE OF:	   

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140021635 


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 his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) be corrected by adding the notations, "Project Pace 5 JUN 68" and "Para 17d AR 604-5 applies."

2.  The applicant states, in effect, these items were omitted from his DD Form 214.  Project Pace was concerned with gaining intelligence about the North Korean capture of the U.S.S. Pueblo.  He needs these items on his DD Form 214 to prove he was on the demilitarized zone border and sprayed with Agent Orange. 

3.  The applicant provides a letter from the Department of Veterans Affairs (VA) in Harlingen, Texas, explaining his request and copies of his DA Form 20 (Enlisted Qualification Record) and DD Form 214.

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 31 October 1966.  He completed training as an automobile repairman in military occupational specialty 63H.

3.  His DA Form 20 shows in:

	a.  the top right-hand margin of page 1, the handwritten entry ?Project Pace  5JUN68?;
   
b.  item 19 (Investigations and Clearances) the entries “LAC 1AUG68
HQ2dInfDiv USARPAC” and ?C?- SPH COMPL 18Aug66"
   
c.  Item 33 (Appointments and Reductions), promotion to pay grade E-5 on
10 December 1968

   d.  Item 38 (Assignment):
   
* advanced individual training student 3 February-18 May 1967
* Fort Stewart, Georgia 23 May-3 August 1967
* Hunter Army Airfield, Georgia 4 August-21 November 1967
* 22 November 1967 en route USARPAC (Korea)
* 11 January 1968 - 5 June 1969 D Company, 702d Maintenance Battalion, USARPAC
* exclusively “excellent” conduct and efficiency ratings throughout his active duty service

   e.  Item 41 (Awards and Decorations):

* National Defense Service Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Armed Forces Expeditionary Medal (Korea)

   f.  item 42 (Remarks), the entry ?Para 17d AR 604-5 applies.?

4.  The applicant was honorably released from active duty on 6 June 1969 and transferred to the U.S. Army Reserve in pay grade E-5.  His DD Form 214 shows his authorized awards as the National Defense Service Medal, Marksman Marksmanship Qualification Badge with (M-14) Rifle Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and Armed Forces Expeditionary Medal.
5.  Army Regulation 604-5 (Clearance of Personnel for Access to Classified Defense Information and Material) set forth the requirements and procedures for vetting individuals and granting security clearances.

6.  Army Regulation 635-5 (Separation Processing and Documents), then in effect, provided the policy and procedures for preparing separation documents; including instructions for completing the DD Form 214.  There were no provisions for listing individual projects, exercises or operations by name.  Security clearance data was not entered on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's DA Form 20 reflects that – 

* he had some association with something called Project Pace
* he was assigned to the 2nd Infantry Division
* that headquarters initiated a personnel investigation and granted him a security clearance. 

2.  Nevertheless, there are no provisions for entering that information on his DD Form 214.

3.  It seems that if the VA needs that information it can be taken from the DA Form 20.  This Board's transcribing it from there to the DD Form 214 would not add any more validity.

4.  The governing regulation does not provide for entering the requested information on the applicant's DD Form 214.

5.  Therefore; there is no basis for granting the applicant's request.

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 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)                                         AR20140021635





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ABCMR Record of Proceedings (cont)                                         AR20140021635



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